Announcement, Legislation Updates, Legal News, Case Updates, Articles, Newsletter
Sep 02 2024 |
Legal NewsMalaysia is considering the introduction of a new legislation, the Mental Capacity Act, which would allow individuals to make advance arrangements for the management of their affairs in the event of mental incapacity. Currently, under the Mental Health Act 2001, the courts can only establish a committee to manage the affairs of a person once they are already mentally incapacitated. The proposed Mental Capacity Act aims to address this limitation by allowing for advance planning before mental incapacity occurs. (Source: MalayMail / 1 September 2024)
Aug 26 2024 |
Legal NewsPursuant to P.U. (B) 334, in exercise of the powers conferred by subsection 1(2) of the Cyber Security Act 2024, the Minister has appointed 26 August 2024, as the date on which the Act comes in to operation.
Jul 29 2024 |
Legal NewsFrom 1st August 2024, social media and messaging platforms with over eight million users in Malaysia must apply for a licence. This new MCMC regulation aims to combat cybercrime and ensure platform compliance with Malaysian laws. This regulation will be enforced from 1st January 2025. (Source: The STAR / 27 July 2024)
Mar 29 2024 |
Legal NewsThe Minister of Domestic Trade and Cost of Living, YB Datuk Armizan bin Mohd Ali has appointed the 1st of April 2024 as the date on which the Companies (Amendment) Act 2024 comes into operation except for sections 4, 14, 26 and 28. (Source: FMT / 27 March 2024)
Mar 26 2024 |
Legal NewsThe Cyber Security Bill 2024 tabled for its first reading by Digital Minister, YB Gobind Singh aims at bolstering national cybersecurity. The proposed legislation, as highlighted by the National Cyber Security Agency, aims to empower it legally to establish and enforce cybersecurity standards for entities categorized as National Critical Information Infrastructure, with non-compliance potentially resulting in legal repercussions. (Source: The STAR / 26 March 2024)
Feb 29 2024 |
Legal NewsIn a landmark decision, the Court of Appeal has overturned a previous High Court ruling that had dismissed a judicial review application on the decision of the Director General of Industrial Relations (DGIR) to close his file without referral to the Industrial Court. This landmark ruling interprets the Industrial Relations Act broadly, marking the first interpretation of an amendment made in 2020, which vests sole power to refer representations to courts with the DGIR. (Source: The EDGE / 29 February 2024)
Nov 29 2023 |
Legal NewsParliament has passed the Companies (Amendment) Bill 2023, emphasizing its role in maintaining the competitiveness of Malaysia's corporate sector and preventing its misuse for criminal activities. Deputy Minister Fuziah Salleh highlighted the bill's focus on refining corporate governance, compromise schemes, and introducing measures for corporate rescue. The amendments, also include new provisions for reporting and disclosing beneficial ownership information, enhancing transparency and safeguarding against illicit practices in the business landscape. (Source: Malay Mail / 28 November 2023)
Nov 08 2023 |
Legal NewsPursuant to the Guide on Sales Tax on Low Value Goods (LVG) published by the Internal Tax Division and Customs Division of the Royal Malaysian Customs Department on 3rd November 2023, the imposition of the sales tax on LVG will begin from 1 January 2024.
Nov 02 2023 |
Legal NewsPrime Minister Anwar Ibrahim has confirmed that the new Luxury Goods Tax in Malaysia is set to go into effect on 1st May 2024. He has assured that the specific details regarding the tax's implementation, the types of goods subject to taxation, and the tax rates on high-value items will be disclosed once the final approval is granted by the Cabinet. The finance ministry has been diligently working on crafting the tax policy and legislation, taking into account feedback from various stakeholders through engagement sessions conducted by both the ministry and the customs department. The proposed luxury tax, ranging from 5% to 10%, will apply to items such as jewelry and watches, with provisions for tourists to seek tax refunds. (Source: FMT / 2 November 2023)
Oct 06 2023 |
Legal NewsThe Insolvency (Amendment) Act 2023 comes in to effect Today, 6th October 2023. The amending Act introduces significant changes to bankruptcy release procedures in Malaysia. These amendments aligns with the second chance policy's objective and represents a compassionate and inclusive approach to addressing bankruptcy cases in Malaysia. (Source: The STAR/ 5 October 2023)
Sep 27 2023 |
Legal NewsMalaysia's Economic Affairs Minister, Rafizi Ramli, has announced the upcoming presentation of a white paper on the progressive wage policy during the next Dewan Rakyat session. This policy aims to boost employee compensation in the country's GDP to 45% within a decade, up from the current 32%. Employers will receive cash incentives for raising wages, contingent on proof of compliance. These incentives, mainly for micro, small, and medium enterprises, will be distributed fairly and without straining the government's finances. (Source: The Sun Daily / 26 September 2023)
Sep 25 2023 |
Legal NewsMalaysia's Securities Commission has unveiled a series of strategic measures aimed at bolstering the vibrancy of the country's capital market and improving investor access including the automatic promotion of eligible public listed companies from the ACE to the Main Market of Bursa Malaysia. Other measures encompass the reduction of stamp duty, the facilitation of fractional share trading through stockbrokers, and the introduction of the Foreign Exempt Scheme framework. (Source: NST / 22 September 2023)
Sep 12 2023 |
Legal NewsIn a recent development, Malaysian Prime Minister Anwar Ibrahim has signaled the government's intention to introduce a Capital Gains Tax as part of its available tax sources. Capital Gains Tax is a levy imposed on the profit realized from the sale of various assets.The specific details and extensiveness of this tax regime are yet to be determined as the legislation is currently being enacted and is only aimed at being introduced in 2024. (Source: NST / 11 September 2023)
Aug 28 2023 |
Legal NewsActing Domestic Trade and Cost of Living Minister, Armizan Ali in a statement has said that a bill to amend the Companies Act will be tabled in Parliament this October. He mentioned that the bill holds two primary objectives. Firstly, it strives to reinforce the provisions concerning the corporate rescue mechanism, aimed at providing support to companies encountering financial adversity. Secondly, the bill seeks to guarantee companies' adherence to global reporting standards and obligations concerning beneficial ownership. (Source: FMT / 27 August 2023)
Aug 23 2023 |
Legal NewsLembaga Hasil Dalam Negeri Malaysia (LHDN) has revealed that beginning 1 January 2024, the use of revenue stamps (stem hasil) for stamping will be discontinued. All transactions will exclusively take place through LHDN's online platform, the Stamp Assessment and Payment System (STAMPS), utilizing methods like FPX or Bill Payment for submission. (Source: The Star / 21 August 2023)
Apr 28 2022 |
Legal NewsThe minimum wage order which sets the minimum wage at RM1,500 has been gazetted and will come into effect on 1 May 2022. However it only applies to employers who employs more than 5 employees and those who carries out a professional activity classified under the Malaysian Standard Classification of Occupations (MASCO). Exemptions are given to employers with less than 5 employees which would only take effect on 1 January 2023 instead. (Source: The Sun Daily / 28 April 2022)
Apr 27 2022 |
Legal NewsThe Transport Ministry has banned several classes of micromobility vehicles (MMV) from using public roads as it would pose as a danger to other road users and themselves. The three prohibited MMV are mopeds, personal mobile scooters (including electric scooters and internal combustion engine-powered or human powered vehicles) and personal mobility aids. Those caught using the banned MVV will face a RM300 fine. (Source: The Sun Daily / 27 April 2022)
Apr 20 2022 |
Legal NewsThe Biden administration is reinstating portions of a fundamental environmental legislation, forcing federal agencies to consider climate implications and seek feedback from local communities before approving roads, pipelines, and other large projects.The government has reinstated standards of the 50-year-old National Environmental Policy Act that President Donald Trump had repealed, claiming that they impeded the development of mines, road expansions, and other projects. (Source: The Straits Times / 20 April 2022)
Apr 18 2022 |
Legal NewsRegardless of the circumstances, the government intends to implement the new RM1,500 minimum monthly wage from May 1 across the country, according to Human Resources Minister Datuk Seri M. Saravanan. The government, he noted, has given some discretion by postponing the implementation of the minimum wage rate to numerous employment sectors, including the informal sector and businesses with less than five employees, when it becomes effective. (Source: The EDGE / 18 April 2022)
Feb 18 2022 |
Legal NewsA media company is suing a Singaporean entrepreneur for selling non-fungible tokens (NFTs) derived on elephant designs created by Jim Thompson, a brand owned by Thailand's The Thai Silk Company. After the NFT deal was prematurely terminated last year, Heart Media accuses Mr Matthew Lim Yew Chuang of NFKings Productions of carelessness and violating his duty of care. (Source: SINGAPORE LAW WATCH / 18 February 2022)
Feb 18 2022 |
Legal NewsPresident Halimah Yacob granted a respite to two Malaysian drug traffickers who were slated to be hung, deferring their executions for an undisclosed period of time. This respite does not however amount to a pardon. (Source: SINGAPORE LAW WATCH / 18 February 2022)
Feb 18 2022 |
Legal NewsThe US has added WeChat and AliExpress to its list of infamous marketplaces for counterfeiting and piracy, which is an annual compendium of the worst intellectual-property abusers and counterfeiters. A study from the 2021 review lists 42 online and 35 physical markets that are suspected of engaging in or facilitating significant trademark counterfeiting or copyright theft. (Source: The Straits Times / 18 February 2022)
Feb 17 2022 |
Legal NewsKuwait's constitutional court rejected a provision that authorities had used to punish transgender persons, ruling that the act infringed on Kuwaitis' right to personal freedom. The verdict was welcomed by activists as a defining moment for transgender rights in the Middle East. (Source: The Straits Times / 17 February 2022)
Feb 17 2022 |
Legal NewsHealth Minister Khairy Jamaluddin has announced that a new legislation would be adopted to outlaw smoking and possession of tobacco products, including vape, for those born after 2005 as a Generational End Game for smoking in the country. He said that enacting the ban will minimise future generations' exposure to cigarettes and tobacco products. (Source: SUN / 17 February 2022)
Feb 03 2022 |
Legal NewsEffective 1 January 2022, the definitions of “contract research and development company” and “research and development company” under Section 2 of the Promotion of Investments Act 1986 has been amended to require companies to be approved as research and development (R&D) status companies by the Minister of International Trade and Industry (MITI). Companies in the business of providing R&D services namely, Contract R&D Company and R&D Company that wish to apply for R&D tax incentive will be granted R&D status, subject to approval by MITI, for 5 years. (Source: The Sun Daily / 3 February 2022)
Jan 31 2022 |
Legal NewsPrime Minister Boris Johnson stated that the UK government will present new legislation allowing it to alter or repeal residual European Union (“EU”) rules. The new "Brexit Freedoms Bill" would enable amending or repealing outdated EU laws that London has retained as a bridging measure after leaving the EU. (Source: The Straits Times / 31 January 2022)
Jan 31 2022 |
Legal NewsHuawei has filed an arbitration proceeding with the World Bank Group against Sweden after the country barred Huawei from deploying its 5G devices. Huawei claims that the Swedish authorities' decision to discriminate against Huawei by excluding it from the 5G rollout has severely impacted Huawei's investment in Sweden and is in violation of Sweden's international commitments. (Source: The Straits Times / 31 January 2022)
Jan 26 2022 |
Legal NewsThe Federal Court in an unanimous decision held that the issue before the Federal Court dealing with the unilateral conversion of a child has been settled in M Indira Gandhi's case in which the Federal Court in 2018 ruled that both the mother and father's consent was required to convert their children. Chief Justice, Tengku Maimun, further pointed out that under Section 117 of the Administration of the Religion of Islam (Selangor) enactment, both the mother and father must approve their children's conversion. (Source: Free Malaysia Today / 26 January 2022)
Jan 05 2022 |
Legal NewsThere is no mandatory obligation on Bursa Malaysia to immediately delist a company upon a winding up order being made against it ruled the Federal Court in a recent judgement in which Justice Datuk P Nalini mentioned that so long as the company remains listed, the said company must comply with the Ace Market Listing Requirements. (Source: THE EDGE / 5 January 2022)
Jan 04 2022 |
Legal NewsSellers who are using nails, staples, or other potentially dangerous objects for food packaging may face legal action. If convicted, the offender risks a maximum punishment of RM10,000, a prison sentence of up to two years, or both, according to Health Director-General Tan Sri Dr Noor Hisham Abdullah. (Source: NST / 4 January 2022)
Jan 03 2022 |
Legal NewsAccording to the Royal Malaysian Customs Department, the implementation of excise tax on nicotine-containing vape liquids/gels, as well as the rise in excise duty rates on nicotine-free vape liquids/gels, has been postponed until a later date (RMCD). The RMCD did not identify the reason for the deferral of excise duty imposition. (Source: THE EDGE / 3 January 2022)
Jan 01 2022 |
Legal NewsPrime Minister Datuk Seri Ismail Sabri Yaakob stated that the administration is prepared to alter the judicial system in order to improve democracy in the country. He said that this was in line with the government's aspirations to modernise parliament. (Source: THE EDGE / 1 January 2022)
Jan 01 2022 |
Legal NewsPrime Minister Datuk Seri Ismail Sabri Yaakob stated that the administration is prepared to alter the judicial system in order to improve democracy in the country. He said that this was in line with the government's aspirations to modernise parliament. (Source: THE EDGE / 1 January 2022)
Dec 31 2021 |
Legal NewsAccording to tax experts, the government's decision to exclude foreign-sourced income (FSI) of persons resident taxpayers from taxation will promote investments in Malaysia. The exemption of dividend income produced by limited liability firms and partnerships, according to the Chartered Tax Institute of Malaysia (CTIM), would continue to boost investment by encouraging foreign-sourced dividend income to be transferred into Malaysia. (Source: NST / 31 December 2021)
Dec 30 2021 |
Legal NewsThe government has decided to exempt tax on all variations of foreign income obtained by individuals, as well as dividend income earned by limited liability corporations and partnerships. It added in a statement that this would be subject to the Inland Revenue Board's qualifying conditions, which would be specified in the guidelines. It added that the said exemption would be effective Jan 1, 2022 until Dec 31, 2026. (Source: The EDGE / 30 December 2021)
Dec 30 2021 |
Legal NewsThe Malaysia Renewable Energy Roadmap (MyRER) will be implemented by the Ministry of Energy and Natural Resources in order to attain the national goal of 31 percent renewable energy (RE) capacity by 2025 and 40 percent by 2035. Energy and Natural Resources Minister Datuk Seri Takiyuddin Hassan said at the launch that MyRER, which was developed by the Sustainable Energy Development Authority (SEDA) Malaysia, will be implemented from 2022 to 2035. (Source: The EDGE / 30 December 2021)
Dec 29 2021 |
Legal NewsSerba Dinamik Holdings Bhd vice-president of accounts and finance Muhammad Hafiz Othman was charged by the Securities Commission Malaysia (SC) for an alleged infringement of the Capital Markets and Services Act 2007. Serba Dinamik's quarterly report on its consolidated results for the quarter and year ended December 31, 2020 contains a fraudulent statement about revenue of RM6.014 billion. (Source: The EDGE / 29 December 2021)
Dec 29 2021 |
Legal NewsThe High Court dismissed a lawsuit that was brought seeking a declaration that the existence of vernacular schools was against the provisions set out under the Federal Constitution. The Court ruled that the educational institutions were not under public authority and the use of the language were deemed to be not for official usage hence there was no breach of the Constitution (Source: NST / 29 December 2021)
Dec 27 2021 |
Legal NewsMember of Singapore’s Parliament, Louis Ng aims to table a new bill in 2022 that hopes to prevent any further food wastage by protecting businesses donating food that has passed it’s marked out date from being sued in the event the recipient comes down with food poisoning. Nevertheless, there will be requirements for the food at the point of donation to comply with strict safety and hygiene laws already in place. (Source: THE STRAITS TIMES/ 27 December 2021)
Dec 23 2021 |
Legal NewsThe Dewan Negara has passed the Bill to amend the Federal Constitution in line with the Malaysia Agreement 1963 with more than a two-thirds majority. The Bill gives recognition to the demands and special status of Sabah and Sarawak upon joining Malaysia in the Federal Constitution in accordance with the provisions in the Malaysia Agreement 1963, thereby strengthening their position in the Federation of Malaysia. (Source: The EDGE/23 December 2021)
Dec 22 2021 |
Legal NewsThe Monetary Authority of Singapore has recently issued a consultation paper with proposals to introduce regulatory requirements on the conduct of due diligence requirements by corporate finance advisers including exercising reasonable judgment in determining the scope of their due diligence work, to assess the accuracy of information in connection with a transaction and in cases of initial public offerings, to assess the suitability of listing the applicant. (Source: Business Times/ 22 December 2021)
Dec 21 2021 |
Legal NewsQatar Airways has lodged a case against Airbus in the High Court in London. The dispute concerns Qatar Airways’ complaints that the surface and paint on some of the A350 aircraft have been damaged which has led to the grounding of 21 A350 jets. Airbus however insists that the jets are safe to fly despite some “surface degradation”. (Source: The Straits Times/ 21 December 2021)
Dec 21 2021 |
Legal NewsThe Securities Commission Malaysia (SC) has liberalised the unit trust fund framework, allowing retail funds to invest in and offer a wide range of investment instruments and activities. This enables management companies to develop more innovative products whilst ensuring adequate investor protection as well as support a more diversified investment ecosystem. The amendments to the Guidelines on Unit Trust Funds will take effect on 1 March 2022. (Source: NST/ 21 December 2021)
Dec 20 2021 |
Legal NewsAs part of the Plain Laws Understandable by Singaporeans (Plus) initiative, which aims to ensure Singapore’s laws are understandable and accessible to the public, more than 500 of Singapore’s laws will be simplified. The revisions were undertaken by the Legislative Division of the Attorney-General’s Chambers (AGC). The revised edition is accessible for free at the AGC’s Singapore Statutes Online website. (Source: The Straits Times/ 20 December 2021)
Dec 16 2021 |
Legal NewsThe national statutory debt limit has been increased to 65% of GDP after the Government had taken into account the country’s financial capability and revenue. This move was undertaken by the Government after considering the need to finance the COVID-19 fund ceiling and the implementation of the 12th Malaysia Plan. (Source: The EDGE / 16 December 2021)
Dec 16 2021 |
Legal NewsThe Health Ministry has decided that individuals above the age of 18 years old that have received two doses of Sinovac vaccine shot will lose their fully vaccinated status if they fail to take their booster shots by February 2022. This is part of the government’s additional effort to ensure better protection against the Omicron variant. (Source: NST / 16 December 2021)
Dec 15 2021 |
Legal Newsand a few other Acts have been passed in Parliament. Some of the salient amendments include a tax exemption of up to RM1,000 for individuals that undergoes COVID-19 screening test and a provision on expenditure for mental health check-ups or consultation, both of which are applicable for themselves, spouse or children. (Source: SUN / 15 December 2021)
Dec 14 2021 |
Legal NewsThe Constitution (Amendment) Bill 2021 which aims to restore the position of Sabah & Sarawak as equal partners in the Federation pursuant to the Malaysia Agreement 1963 (MA63) has been approved at the Dewan Rakyat. The Minister in the Prime Minister's Department (Parliament and Law) Datuk Seri Dr Wan Junaidi mentioned that this amendment is in tandem with the government’s promise to fully realizing the MA63. (Source: NST / 14 December 2021)
Dec 13 2021 |
Legal NewsThe Health Minister will be tabling the amendments to the Prevention and Control of Infectious Diseases Act 1998 to increase the maximum allowed compound for individuals to RM10,000 and companies to RM1 Million. In addition, the amendments will also be made to allow for the installation of surveillance devices for individuals undergoing home quarantine. (Source: The EDGE / 13 December 2021)
Dec 09 2021 |
Legal NewsThe International Chamber of Commerce (ICC) has named a leadership group for its new task force on disability inclusion and international arbitration, which was formed last week in what the ICC claims is a first of its kind by an arbitral institution to make conflict resolution more accessible to people with disabilities. The task group plans to draught up suggestions for disability inclusion to be launched in 2022 after investigating and analysing the ways in which the ICC might fulfil the needs of persons in the international arbitration community who may require accommodations or adjustments in the way they work. (Source: GLOBAL LEGAL POST / 9 December 2021)
Dec 09 2021 |
Legal NewsThe Ministry of International Trade and Industry (MITI) has given the greenlight to a number of projects totaling to RM109.1 billion since taking over government which is set to attract foreign investment particularly in the manufacturing sector thus creating 25,000 jobs. (Source: The EDGE / 9 December 2021)
Dec 08 2021 |
Legal NewsDozens of Rohingya refugees in the UK and US have filed a suit against Facebook for allowing hate speech against the group to ensue on their platform. They are seeking damages from the social media giants for failing to take appropriate and timely action as well as failing to invest in fact checkers who was aware of the political landscape In Myanmar. (Source: BBC / 8 December 2021)
Dec 07 2021 |
Legal NewsYinson Holdings Berhad issued Malaysia’s first Sustainability-Linked Sukuk Wakalah pursuant to its Islamic Medium Term Notes Programme of up to RM1 billion in nominal value. The landmark issuance leverages on Yinson’s Sustainability-Linked Financing Framework and Climate Goals Roadmap, supporting Yinson’s efforts to achieve its climate transition strategy. Zul Rafique & Partners’ Banking & Finance practice group advised and acted for HSBC Amanah Malaysia Berhad the sole Principal Adviser, Lead Arranger, Lead Manager and Shariah Adviser for the Sukuk Wakalah Programme and Sustainability-Linked Structuring Agent for the Framework. (Source: The EDGE / 7 December 2021)
Dec 07 2021 |
Legal NewsA study is being conducted led by the Legal Affiars Division in the Prime Minister’s Department and the Attonery General’s Chambers to limit the term of a Prime Minister to that not exceeding 10 Years. The study seeks the opinion of the public, various government agencies, civil society organisations and non-governmental organisations. (Source: SUN / 7 December 2021)
Dec 01 2021 |
Legal NewsThe Federal Court has ruled that in civil court, a Muslim individual cannot be named as a party in a legal marital dispute involving a non-Muslim married couple. The Chief Justice explained that the Law Reform (Marriage and Divorce) Act’s goal is to demarcate the different personal rules that apply to Muslims and non-Muslims in the country, as well as to oversee non-Muslim marriages and divorces. (Source: The EDGE / 1 December 2021)
Nov 30 2021 |
Legal NewsCelcom Axiata Berhad (Celcom) has acquired Bridgenet Solutions Sdn Bhd, a provider of information and technology solutions with a focus on cybersecurity and networking. The acquisition strengthens the telecommunication company’s portfolio of becoming one of the country's leading ICT solution providers, in order to achieve better digitalisation and cloudification for enterprises in Malaysia. (Source: The EDGE / 30 November 2021)
Nov 29 2021 |
Legal NewsAs a result of their lawyers discharging themselves from representing them in the appeals over a lawsuit filed against Datuk Seri Najib Razak and his wife and three others, the Court of Appeal ordered the Appellants to pay RM40,000 in total costs. The Court of Appeal came to this decision as the change of lawyers was done at the eleventh hour and that it was the second time they wanted to change counsel. (Source: NST / 29 November 2021)
Nov 28 2021 |
Legal NewsThe Johor state Assembly will have a special session to amend the 1895 Johor State Constitution to reflect the amendment of Section 5 of the Eighth Schedule of the Federal Constitution through the Constitution (Amendment) Act 2019, which is the lowering of the age of candidates for state seats from 21 to 18 years. (Source: SUN / 28 November 2021)
Nov 27 2021 |
Legal NewsKelantan's state constitution will be amended to allow 18-year-olds to run for office in the state. The decision to change the constitution was made during the state assembly session last year, according to Menteri Besar Datuk Ahmad Yakob. (Source: NST / 27 November 2021)
Nov 26 2021 |
Legal NewsThe Religious Discrimination Bill, if approved, will provide protection for religious persons and organisations, to express their beliefs, according to Prime Minister Scott Morrison. The law, however, fails to properly balance the right to equality with the freedom of religion, according to Australia's Human Rights Law Centre. The Centre has also expressed concern that the bill will give individuals licence to voice discriminatory ideas. (Source: The EDGE / 26 November 2021)
Nov 24 2021 |
Legal NewsThe Securities Commission has defined 11 targeted initiatives such as onboarding programs for directors on sustainability, investor education series on corporate governance and sustainability, and expansion of collaboration with universities to develop conversations with youth on current corporate governance and sustainability issues. (Source: The EDGE / 24 November 2021)
Nov 24 2021 |
Legal NewsApple has launched a lawsuit against NSO Group, the Israeli spyware company that was recently blacklisted by the Biden administration for acting contrary to the foreign policy and national security interests of the US. Apple alleged that NSO group created more than 100 fake Apple ID user credentials to carry out its attacks. (Source: BBC / 24 November 2021)
Nov 22 2021 |
Legal NewsThe Economic Planning Unit is in the final stages of formulating a long-term and comprehensive National Energy Policy 2021-2040 in partnership with ministries and agencies (NEP). Datuk Seri Mustapa Mohamed, Minister in the Prime Minister's Department (Economy), said the NEP will help achieve long-term energy security at reasonable prices while also maintaining environmental sustainability. (Source: The EDGE / 22 November 2021)
Nov 19 2021 |
Legal NewsA teenager abandoned at birth in Kuala Lumpur and adopted by a Malaysian couple in Penang will no longer be stateless, as the Federal Court declared that he is entitled to be a Malaysian citizen. The highest court of the land held that the facts showed that the boy would fall under constitutional provisions that would prevent children abandoned at birth in Malaysia from becoming stateless. (Source: NST / 19 November 2021)
Nov 18 2021 |
Legal NewsThe conditions for the Vaccinated Travel Lane via air for visitors from Singapore to Malaysia, which will begin on 29 November, were published by the Transport Ministry. Only Fully Vaccinated individuals of vaccines recognized by the Malaysian Ministry of Health will be allowed to enter the country and will not need to register to enter the country, since entrance facilities will be processed upon arrival. (Source: The EDGE / 18 November 2021)
Nov 18 2021 |
Legal NewsThe United States and Malaysia want to expand their cooperation in the fields of trade, investment, industrial facilitation, and technological cooperation. Both nations have committed to work in sectors such as climate change mitigation products, digital commerce, medical devices, and electrical and electronics, according to International Trade and Industry Minister Datuk Seri Mohamed Azmin Ali. (Source: New Straits Times / 18 November 2021)
Nov 17 2021 |
Legal NewsThe Health Ministry will be submitting to Cabinet a memorandum calling for a moratorium on attempted suicide convictions. This is part of the Ministry’s working plan while the Ministry works towards amending the Penal Code to ultimately decriminalise suicide attempts. (Source: New Straits Times / 17 November 2021)
Nov 15 2021 |
Legal NewsThe Government’s application to stay the court’s earlier ruling conferring citizenship to children born overseas to Malaysian mothers has been dismissed by the High Court on the grounds that allowing the stay would only cause a continued impartiality and anguish to the plaintiffs. The High Court held that the mothers were already granted the rights under the Federal Constitution and that if it was the intention of the Government to amend the Federal Constitution to reflect the High Court decision, they could proceed to do. (Source: New Straits Times / 15 November 2021)
Nov 14 2021 |
Legal NewsThe Malaysian Government has decided to set up a special task force to carry out a comprehensive study and examine the legal circumstances in respect to Pulau Batu Puteh, Middle Rocks and South Ledge case. This task force will be headed by the former Attorney General Tan Sri Mohamed Apandi Ali who is set to give recommendations to the government within six months on the best available options moving forward. (Source: The EDGE / 14 November 2021)
Nov 11 2021 |
Legal NewsThe US Justice Department has initiated a suit against the ride-hailing company, Uber, accusing the company of discriminating against disabled passengers by overcharging them as they take more time to enter the vehicles. This alleged act by Uber is in violation of the Americans with Disabilities Act, a federal law that prohibits discrimination by private transportation companies. (Source: The Straits Times / 11 November 2021)
Nov 10 2021 |
Legal NewsThe UK Supreme Court rejected a class action lawsuit against Google brought by Which? Director Richard Lloyd claiming billions of pounds in damages for privacy violations, claiming that Apple iPhone users’ activity was secretly tracked by Google and that they had used the data to enable advertisers to target adverts at users based on their browsing history. Legal specialists believe that the verdict indicates that subsequent group privacy cases are less likely to go further, which data controllers would appreciate. This judgement will have a very significant impact on the UK industry across many different sectors that handle customer data. (Source: Global Legal Post / 10 November 2021)
Nov 09 2021 |
Legal NewsAccording to Finance Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz, the removal of tax exemptions for foreign sources of income in the recent Budget 2022 should not be interpreted as a negative move to dishearten foreign direct investment (FDI). He further mentioned that efficacy of the investment ecosystem is influenced not just by tax incentives, but also by the country's tax system's thoroughness and enforcement of international tax norms. (Source: The EDGE / 9 November 2021)
Nov 09 2021 |
Legal NewsIn a written reply to a question by Member of Parliament for Muar, Health Minister Khairy Jamaluddin stated that there is a possibility for products containing cannabis for medical purposes to be imported and consumed in Malaysia as long as these products are incompliance with the current laws of the country. The current laws governing cannabis in Malaysia are the Dangerous Drug Act 1952, Poisons Act 1952 and the Sale of Drugs Act 1952. Nevertheless these acts do not stop the usage of cannabis for medicinal purposes. (Source: NST / 9 November 2021)
Nov 08 2021 |
Legal NewsSince gig economy workers is not defined as employees under the Labour Act 1955, Sabah Labour Ordinance and Sarawak Labour Ordinance, they are not eligible to the minimum wage subsidy. However, according to Deputy Human Resources Minister Datuk Awang Hashim, the government gives social security protection to self-employed groups, including gig economy employees such as food delivery and e-hailing firms, if they contribute under the Self-Employment Social Security Act 2017. (Source: NST / 8 November 2021)
Nov 04 2021 |
Legal NewsMinistry of Home Affairs in Singapore has responded to an online petition asking for Nagaentharan, who was convicted and given the death penalty in 2010 for a drug related offence, to be pardoned saying that the defence used by the accused was fabricated and that the High Court had rejected his account of being coerced under duress. Nagaenthran is scheduled to be executed on November 10. (Source: SINGAPORE LAW WATCH / 4 November 2021)
Nov 04 2021 |
Legal NewsAfter Parliament authorised the formation of the Judicial Service Commission, Singapore's judicial and legal services would be divided to allow for more specialisation and to prepare for future problems after nearly six decades of operation under an integrated system. (Source: SINGAPORE LAW WATCH / 4 November 2021)
Nov 02 2021 |
Legal NewsIn making sure that Malaysia continues its efforts to remain relevant as a trade partner and preferred investment destination, the Ministry of International Trade and Industry (MITI) is in the midst of drawing up the new National Investment Aspirations to increase strategic investments with high-value economic impact. (Source: SUN / 2 November 2021)
Nov 02 2021 |
Legal NewsUS Supreme Court hear two challenges against Texas’ abortion laws which bans the procedure after six weeks of pregnancy and allows citizens to sue anyone involved in the process. The question of law before the Supreme Court is whether Texas abortion providers and the Department of Justice are allowed to challenge the state's law. (Source: BBC / 2 November 2021)
Oct 29 2021 |
Legal NewsAs part of a significant rebranding, Facebook has changed its corporate name to Meta. As it expands its influence beyond social media into areas such as virtual reality, Mark Zuckerberg claims it will better incorporate what it does. The shift solely affects the parent business, not the individual platforms, such as Facebook, Instagram, and Whatsapp. (Source: BBC / 29 October 2021)
Oct 29 2021 |
Legal NewsThe government intends to table a new Act known as the Fiscal Responsibility Act next year with the intention of improving governance, accountability and transparency to guarantee fiscal sustainability and to support macroeconomic stability. Finance Minister Tengku Datuk Seri Zafrul Abdul Aziz mentioned that 2022 will be the year of economic recovery, reforms and fiscal consolidation in efforts to rebuild a stronger economy. (Source: SUN / 29 October 2021)
Oct 28 2021 |
Legal NewsUnited Overseas Bank (M) Bhd has revealed that it has provided Ericsson (Malaysia) Sdn Bhd with a first tranche financing in the form of an RM800 million receivables purchase arrangement (RPA), which will facilitate the latter to produce the initial stages of Digital Nasional Bhd's (DNB) nationwide 5G network rollout. This will in turn allow for the creation of employment opportunities and boost the local economy. (Source: The EDGE / 28 October 2021)
Oct 27 2021 |
Legal NewsThe Shariah Advisory Council (SAC) of Bank Negara Malaysia (BNM) has issued a ruling on the practice of compounding profit for Islamic finance restructuring and rescheduling (R&R). According to BNM, the council decided that Islamic financial institutions (IFIs) cannot incorporate and account for any accumulated profit from the previous financing in the new principal amount of R&R financing. This is because such behaviour would increase the amount of profit on debts (compounding profit), according to a statement released by the central bank on Wednesday. (Source: The EDGE / 27 October 2021)
Oct 25 2021 |
Legal NewsThe Employment (Amendment) Bill 2021 was tabled for the first reading in Parliament by Human Resources Minister Datuk Seri M. Saravanan. Some of the salient amendments seeking to be introduce includes paternity leave, maternity benefits and protection against discrimination and forced labour. (Source: The EDGE / 25 October 2021)
Oct 25 2021 |
Legal NewsA lodgement to the Securities Commission Malaysia was made by Yinson Holdings Berhad for the establishment of a Sukuk Wakalah Programme of up to MYR1 Billion based on the Shariah principle of Wakalah Bi Al-Istithmar. Yinson in a statement mentioned that the proceeds raised from the issuance of the Sukuk Wakalah under the Sukuk Wakalah Programme will be used for several syariah-compliant purposes such as refinancing of existing financing/borrowings and general corporate purposes. (Source: The EDGE / 25 October 2021)
Oct 22 2021 |
Legal NewsThe Supreme Court of Canada has ruled that municipal snow removal activities are not immune from negligence and liability claims. This decision was handed down in a case whereby the plaintiff injured her leg while climbing over a snowbank in 2015. The case is significant as it will affect cities across Canada. (Source: BBC / 22 October 2021)
Oct 20 2021 |
Legal NewsAustralia will make permanent the rules introduced during the COVID-19 pandemic that allow companies to hold virtual shareholder meetings and electronically distribute documents. Under the new rules, companies will be able to hold a mix of in-person and online meetings if the company's shareholders are given "reasonable opportunity to participate”. (Source: The EDGE / 20 October 2021)
Oct 20 2021 |
Legal NewsIn line with the current need for digital and online services and transactions, the government will introduce the Digital Identity (Digital ID) initiative. The Digital ID will be a form of digital identification and authentication for individuals by using the latest biometric technology such as fingerprints, facial and iris recognition while conducting matters online. The Home Minister, Datuk Seri Hamzah Zainudin, said the planning and implementation process began in 2021 and was expected to be fully implemented in 2024. (Source: SUN / 20 October 2021)
Oct 20 2021 |
Legal NewsBank Negara Malaysia announced it would continue to work with the Malaysian Anti-Corruption Commission (MACC) and other competent authorities in the investigation into the Pandora Papers leak, which exposed prominent Malaysians' offshore financial assets. It didn't elaborate on the scope of the study or the conclusions reached. (Source: The EDGE / 20 October 2021)
Oct 16 2021 |
Legal NewsThe Malaysian Communications and Multimedia Commission (MCMC) will implement light touch regulation on cloud services in Malaysia from 1 January 2022 which would ensure cloud service providers maintain data security, data privacy, data protection and user data flow. This method of using a cloud service regulatory approach was undertaken by MCMC as it gives them the flexibility to issue technical standards that could be produced with industry players. (Source: BERNAMA / 16 October 2021)
Oct 14 2021 |
Legal NewsThe Federal Government is looking towards introducing a more balanced and fair tax system conditioned on the country’s economic situation improving. However, the Deputy Finance Minister I Senator Mohd Shahar Abdullah said that nothing will be introduced without first consulting the various stakeholders and accessing the country’s economic stability and viability, especially to business. (Source: The EDGE / 14 October 2021)
Oct 13 2021 |
Legal NewsThe Malaysian Investment Development Authority (MIDA) deputy chief executive officer Sivasuriyamoorthy Sundara Raja mentioned that the One Stop Centre for Business Travellers, which was launched on 2 October last year, had improved the entry application process and the movement of business travellers in Malaysia. The OSC initiative allows senior executives and specialists to enter the country on either a short-term or long-term basis. It also ensures the legitimacy and health status of travellers prior to their entry into Malaysia. (Source: The EDGE / 13 October 2021)
Oct 12 2021 |
Legal NewsThe government is looking to tighten Malaysian cybersecurity laws, and is preparing recommendations for Cabinet consideration, according to comments by Datuk Abdul Latiff Ahmad, Minister in the Prime Minister’s Department (Special Functions). Despite the fact that the country already has cybersecurity legislation in place, such as the Personal Data Protection Act 2010 and the Malaysian Communications and Multimedia Commission Act 1998, he claims the government believes there is a need for a new one. (Source: The EDGE / 12 October 2021)
Oct 11 2021 |
Legal NewsThe House of Representatives has approved two pieces of legislation pertaining to funding for the Covid-19 pandemic and infectious disease outbreaks. The Bills are the Temporary Measures for Government Financing [Coronavirus Disease 2019 (Covid-19)] (Amendment) Bill 2021 and the National Trust Fund (Amendment) 2021. The Minister of Finance, Tengku Zafrul, stated when introducing the law that the aid and stimulus programmes comprised of Permai, Pemerkasa, Pemerkasa Plus, and Pemulih, which required an extra RM27 billion allocation. (Source: SUN / 11 October 2021)
Oct 10 2021 |
Legal NewsTan Sri Annuar Musa, Minister of Communications and Multimedia, said the government has set aside RM4 billion for infrastructure development as part of the National Digital Network (Jendela) programme. According to him, the funds will be used to increase 4G coverage access in regions where 3G is still available, install fibre optics, and build and upgrade telecommunication towers around the country, particularly in rural areas and Orang Asli communities. (Source: SUN / 10 October 2021)
Oct 07 2021 |
Legal NewsThe Ministry of Communications and Multimedia does not intend to introduce any new form of taxation on e-commerce activities as the Ministry aims to promote a larger group of people to participate in such activities. Minister Tan Sri Annuar Musa further added that the government’s chief focus now is to guarantee that the country’s broadband connectivity can reach 100%, apart from preserving its quality. (Source: The EDGE / 7 October 2021)
Oct 06 2021 |
Legal NewsThe Sedition (Repeal) Bill which was read in Singapore’s Parliament will repeal the Sedition Act and make related amendments to other legislation. Law Minister K Shanmugam said some of the key aspects of the Sedition Act were no longer relevant and had not been relevant for a long time. (Source: SINGAPORE LAW WATCH / 6 October 2021)
Oct 05 2021 |
Legal NewsThe Singaporean Government is proposing to establish a separate judicial service and make consequential changes to the legal service. These structural changes aim to put both services on a better footing for the future, by allowing them to reap the benefits of greater specialisation. The proposed changes will be made through the Constitution of the Republic of Singapore (Amendment) Bill and the Judicial Service (Miscellaneous Amendments) Bill. (Source: SINGAPORE LAW WATCH / 5 October 2021)
Oct 03 2021 |
Legal NewsThere is an important need to establish special courts for sexual crimes against children in every state in Malaysia. Currently these special courts are only established in Putrajaya and Sarawak. The need for more of these special courts is to deal with the increase in such cases so as to ensure that cases can be dealt with as soon as possible without any delay which can further harm or traumatise a child. (Source: NST / 3 October 2021)
Oct 02 2021 |
Legal NewsShariah-compliant payment gateway, PayHalal, announced that it has partnered with Asia’s leading buy-now-pay-later platform, Atome, to enable seamless Murabaha buy-now-pay-later acceptance across PayHalal’s merchant touchpoints, a first in Malaysia. Shoppers will now have access to a flexible, convenient, and secure payment option that allows them to split their purchases into three zero-interest deferred payments, with no annual or servicing fees. (Source: The EDGE / 2 October 2021)
Sep 30 2021 |
Legal NewsProposals have been made to amend the Houses of Parliament (Privileges and Powers) Act 1952 which would prohibit Member of Parliaments (MPs) or senators from attending Parliament proceedings if they are facing ongoing court charges. Both Houses are also looking into drafting a special code of ethics for MPs. Tan Sri Dr Rais Yatim said that the proposed amendments would be brought to the government for approval. (Source: SUN / 30 September 2021)
Sep 29 2021 |
Legal NewsSSM has rejected accusations of a data leak affecting local business organisations as reported by a local portal. SSM stated that it has performed an internal investigation and is confident that every companies’ data submitted to SSM is secure and guarded by way of means of several layers of certified information security technology. (Source: THE EDGE / 29 September 2021)
Sep 28 2021 |
Legal NewsSingapore introduced a new parliament bill, the Foreign Interference (Countermeasures) Bill (Fica), that empowers the government to investigate and stop foreign actors from influencing national politics and inflaming social issues, in the latest move to assert control over potentially threatening content online. The Fica Bill will give officials the power to order social media platforms and Internet service providers to disclose harmful information it suspects may be carried out by foreign actors or entities. (Source: Singapore Law Watch / 28 September 2021)
Sep 28 2021 |
Legal NewsThe UK has applied to join the trade pact in February, and in June the bloc announced that the accession process would begin. An online meeting will take place between the UK and all 11 members of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, or CPTPP. (Source: THE STRAITS TIMES / 28 September 2021)
Sep 26 2021 |
Legal NewsThe digital economy has the potential to be a significant driver in establishing new businesses and areas of growth in ASEAN since it has become an integral part of everyone's everyday lives. Communications and Multimedia Minister Tan Sri Annuar Musa said that Malaysia will be transformed into an innovation hotspot when 5G is deployed in phases, attracting new investments of RM70 billion in the digital industry from foreign and local businesses. (Source: SUN / 26 September 2021)
Sep 23 2021 |
Legal NewsDe facto Law Minster, Datuk Seri Wan Junaidi informed Parliament that the Attorney General has been instructed to draft an anti-hopping law. However, he said that the work would require in-depth research as it is a complicated matter. He added that when the draft is complete, it will be brought to the attention of every Member of Parliament to get their feedback before being tabled in Parliament. (Source: THE EDGE / 23 September 2021)
Sep 22 2021 |
Legal NewsCIMB has committed to meet a 30 billion ringgit target in sustainable finance offerings by 2024. The group also plans on achieving net zero greenhouse gas emissions by 2050. The country's second largest lender by assets said the target includes wholesale and commercial financing, bonds and intermediation, wealth products and products that enable financial inclusion. (Source: THE EDGE / 22 September 2021)
Sep 21 2021 |
Legal NewsJustice Choo granted an application made for admission to the Bar of a deceased individual, noting that he had fulfilled all the requirements for admission. The Attorney-General's Chambers, the Law Society and the Singapore Institute of Legal Education (SILE), which supervise Bar admission applications, all had no objections to the application. (Source: SINGAPORE LAW WATCH / 21 September 2021)
Sep 21 2021 |
Legal NewsDe facto Law Minister, Datuk Seri Wan Junaidi has announced that a collaborative effort between Human Rights Commission of Malaysia (SUHAKAM) and United Nations Development Program (UNDP) led by the Legal Affairs Division under the Prime Minister’s Department has begun on developing a National Action Plan on Business and Human Rights, the first of its kind in Malaysia set to be launch by 2023. The action plan will cover areas such as corporate responsibility to respect human rights and victims access to remedies. (Source: BERNAMA / 21 September 2021)
Sep 18 2021 |
Legal NewsChina through its commerce minister has sent an application to New Zealand’s trade minister to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). This move by China would in turn boost its economy especially after signing a different trade deal known as Regional Comprehensive Economic Partnership comprising of countries like South Korea, China, Japan, Australia and New Zealand. (Source: BBC / 18 September 2021)
Sep 15 2021 |
Legal NewsSingapore Parliament has passed a new law under the Courts (Civil and Criminal Justice) Reform Act, that will look into regulating how the Attorney-General (AG) can make an application to intervene in any court proceedings that are of public interest. The new law provides that in an event that the AG makes an application and sets out adequate reasons for said application, the Court will be bound to admit the AG as a party and will be prohibited from looking in to the merits of the application. (Source: SINGAPORE LAW WATCH / 15 September 2021)
Sep 14 2021 |
Legal NewsWith a new legislative change being introduced in Singapore to their Copyright Act, photographers will now own the rights to the photos they take by default, unless otherwise stated by a contract. Individuals that commission photographers would need to engage in negotiation with the photographer, if they want the rights to be transferred to them. The change is expected to be in force around November 2021. (Source: SINGAPORE LAW WATCH / 14 September 2021)
Sep 14 2021 |
Legal NewsThe Prime Minister and the government are being hauled to court for their decision to withdraw an application to review the International Court of Justice’s (ICJ) award of sovereignty over Pulau Batu Puteh. According to the said individual responsible for filing the suit, all Malaysians were affected by the defendants’ unilateral act of withdrawal of the ICJ review application without first tabling and discussing it in Parliament. (Source: THE EDGE / 14 September 2021)
Sep 14 2021 |
Legal NewsMalaysia Debt Ventures Bhd (MDV), a wholly-owned subsidiary of the Minister of Finance Inc. have made an investment in Digital Media Nusantara to further develop its financial markets technology. Digital Media said the funding would be used to accelerate its mission to become Southeast Asia's first fintech media firm, operating at the first mile of the financial markets infrastructure and market intelligence value chain. With this investment, Digital Media will be able to move forward with its development in line with its roadmap in hopes of playing an important role by 2025 within the Asean Economic Community. (Source: New Straits Times / 14 September 2021)
Sep 13 2021 |
Legal NewsThe Malaysian Global Innovation & Creativity Centre (MaGIC) and Penjana Kapital Sdn Bhd has decided to collaborate to further provide investment opportunities to innovative start-ups. This collaboration is targeted at bridging the financing gap in the country by incentivising private capital to help start-ups develop and creating an enabling environment for them to build and expand their reach globally. (Source: New Straits Times / 13 September 2021)
Sep 09 2021 |
Legal NewsThe High Court, in a momentous decision, concluded that the government must grant citizenship by operation of law to children born overseas to Malaysian mothers. The Court found that the discrimination was apparent therefore there was a need to interpret the law and apply the existing law in a way that will allow the spirit of the Federal Constitution to be upheld. (Source: THE EDGE / 9 September 2021)
Sep 09 2021 |
Legal NewsThe Court in Australia has ruled that news outlets must be held responsible for the comments made by its readers. It comes after a former teen detainee sued media organizations over Facebook remarks posted underneath articles about his abuse while being detained. The Court held that in creating a public Facebook page with postings of news contents, the outlets had ‘facilitated, encouraged and thereby assisted the publication” of user’s comments. This milestone decision could have wide ramifications for how Australian news firms and others utilise online media. (Source: BBC / 9 September 2021)
Sep 08 2021 |
Legal NewsMIDA and Citibank Bhd is joining hands to provide new and existing foreign investors a financial platform that is set to make end-to-end banking services seamless. The MoU with Citibank is part of MIDA’s efforts to push for high technology and high value-added investment projects in line with the National Investment Aspiration framework. (Source: THE EDGE / 8 September 2021)
Sep 07 2021 |
Legal NewsMAHB is attempting to grow its numbers from its existing retailers to its e-commerce platform that will allow easier means for individuals to shop for items without having to leave a certain area to obtain it. Be that as it may, retailers are as yet figuring out how to operate the e-commerce platform and the process can't be rushed for now. (Source: THE EDGE / 7 September 2021)
Sep 05 2021 |
Legal NewsThrough the assistance of Jamiyah Singapore, a Malay/Muslim Charity Organisation, seven Memorandum of Understandings in relation to various sectors such as education and arts & culture were inked between a number of prominent organizations from Malaysia and Singapore. Newly minted High Commissioner of Malaysia to Singapore expressed his views that there needs to be a consistent effort to keep expanding its collaboration with Jamiyah Singapore in the future to serve both sides of the causeway. (Source: THE EDGE / 5 September 2021)
Sep 03 2021 |
Legal NewsPrime Minister Boris Johnson will announce an increase in a type of tax known as the National Insurance which is set to fund government benefits programs in the UK. This move by the Prime Minister is seen as a manifesto-breaking one as his party in the 2019 election campaign ruled out any raising of the main rates of income tax. (Source: The Straits Times / 3 September 2021)
Sep 01 2021 |
Legal NewsWith the launch of its Shariah-Complaint procedures, Ipmuda Bhd has become the first fully shariah-compliant customised building solutions provider. This move is achieved through open contractual terms which the transition to a shariah-compliant option offers and encourages socially acceptable and ethical business activities. As a result, hidden caveats or conditions, notably in terms of fees or charges, would be avoided. (Source: New Straits Times / 1 September 2021)
Sep 01 2021 |
Legal NewsHome Minister Datuk Seri Hamzah has warned that anyone issuing any statements that could bring about public fear can be charged and tried under the SOSMA Act 2012. He added that the Home Ministry's enforcement action was consistent with the ministry's goal of ensuring peace and stability among the people in Malaysia. (Source: SUN / 1 September 2021)
Aug 31 2021 |
Legal NewsDespite the various issues Malaysia is currently facing, it has remained an appealing destination for foreign direct investment. One of the ways suggested to attract even more investors is by streamlining and simplifying market entry rules for foreign enterprises in a systematic and nondiscriminatory manner. The ASEAN Business Advisory Council (ASEAN-BAC) Malaysia has also mentioned that now is the best time to jumpstart negotiations for an EU-Malaysia free trade agreement (FTA). (Source: The Edge / 31 August 2021)
Aug 27 2021 |
Legal NewsThe government in Selangor are looking towards the possibility of reducing or even offering deferment of payments for assessment tax that are needed to be paid by hotel and accommodation operators. The study includes looking at the impact this move will have on each local authority as these tax collected is one of the main revenue sources for the local authorities.(Source: The Edge / 27 August 2021)
Aug 24 2021 |
Legal NewsThe Domestic Trade and Consumer Affairs Ministry secretary-general has said that amendments to the Companies Act 2016 and the Limited Liability Partnerships Act 2012 will be some of the legislations examined and amended to ensure that our laws are kept to the standard of international best practices. The Ministry is looking to better the insolvency framework in the country to ensure Malaysia remains a preferred destination in carrying out business. (Source: The Edge / 24 August 2021)
Aug 23 2021 |
Legal NewsHSBC Bank Malaysia Bhd has introduced DuitNow Request, which takes away the time needed to follow-up with customers that fail to keep to their payments either scheduled daily or monthly. The DuitNow Request can be used by any and all type of businesses and this will aid to transform and digitize collections making it so much easier for businesses in the future. (Source: NST / 23 August 2021)
Aug 21 2021 |
Legal NewsDue to a sharp decrease in birth rate within the country as seen from a recent census, China has decided to allow couples to now have three children. The last time such amendments were made was in 2016 when China decided to do away with its one child policy and to instead introduce a two child limit. Nevertheless, this effort did not help to increase the birth rates in the country. (Source: BBC / 21 August 2021)
Aug 20 2021 |
Legal NewsTouch ‘n Go’s GO+ is now shariah-compliant after it received numerous request from its users when the eWallet was first introduced in March of this year. At this point of time, the eWallet platform has a total of 1.2 million users. GO+ product is based on the Principal e-Cash Fund which in itself is shariah-complaint thus making it available for all users of the eWallet to begin investing. (Source: The Edge / 20 August 2021)
Aug 20 2021 |
Legal NewsThe Court of Appeal has affirmed the decision of the High Court that dismissed the striking out application filed by the government against a suit initiated by Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian mothers in respect of the existing discrimination in Malaysia's citizenship laws against Malaysian mothers, namely on the request for automatic citizenship for children born overseas of Malaysian mothers and foreign fathers. (Source: NST / 20 August 2021)
Aug 19 2021 |
Legal NewsA judge has been asked to rule on whether a paralysed and brain-damaged patient after contracting COVID-19 should be allowed to die. Specialists treating the woman supports the ending of the life-support treatment. However this was not agreed by the patient’s family. The online hearing is taking place in the Court of Protection, where judges oversee hearings centered on adults who lack the mental capacity to make decisions. (Source: BBC / 19 August 2021)
Aug 19 2021 |
Legal NewsDrones are proving to be useful in assisting the Royal Malaysian Police (PDRM) in ensuring security and maintaining control at the country's borders, as well as recording images and videos for use in court. The drones are used to preserve areas in which crime has taken place while the enforcement team made the arrests, transported the criminals to the police stations, and completed the appropriate paperwork. (Source: BERNAMA / 19 August 2021)
Aug 19 2021 |
Legal NewsThe Malaysian Bar put forth five additional constitutional questions in respect of the emergency proclamation. This questions came about after de facto law minister Datuk Seri Takiyuddin Hassan announced in Parliament that the emergency ordinance had been revoked prior to it being laid before the house and debated by MPs. (Source: The EDGE/ 19 August 2021)
Aug 17 2021 |
Legal NewsBy the end of August, our Domestic Trade and Consumer Affairs Ministry hopes to complete the study to identify the appropriate retail pricing for the Covid-19 self-test kit and whether price control may be introduced. The study covered several aspects and stages to obtain precise information from all relevant levels. The Ministry also stated that proper pricing was necessary to defend consumers' interests, but that it also had to consider the rights of producers, dealers, and wholesalers in order to avoid disrupting the supply of the self-test kit. (Source: The EDGE / 17 August 2021)
Aug 16 2021 |
Legal NewsFacebook has started encrypting audio and video chats conducted through its Messenger texting service, giving users more privacy. This was undertaken because the privacy of data on cellphones has becomes a more contentious issue. Facebook plans to start a small test group consisting of adults in selected countries to opt-in on this end-to-end encrypted messages and calls soon. (Source: New Straits Times / 16 August 2021)
Jun 18 2021 |
Legal NewsThe US Supreme Court has ruled by 7-2 that the legal challenge by the 18 Republican-led states against Obamacare has failed on the ground that they had no legal standing to sue. The Affordable Care Act, also known as Obamacare, was introduced by former President Barack Obama which barred insurers from denying coverage over pre-existing conditions and allowing children to stay on their parents' health plans until the age of 26. (Source: BBC/18 June 2021)
Jun 18 2021 |
Legal NewsThe US Supreme Court has ruled in the favour of food giants Nestlé USA and Cargill whereby they can't be sued for forced labour on African farms in which they buy their cocoa as the abuse happened outside the US. It was held that while the companies provided the farms with technical and financial resources, there was no evidence that business decisions made in the US led to the men’s forced labour. The lawsuit was filed by a group of six African men who alleged that they were forced to work on cocoa farms and always kept under armed guard to prevent them from escaping and paid little beyond basic food. (Source: BBC/18 June 2021)
Jun 16 2021 |
Legal NewsSwedish furniture chain, Ikea, was ordered to pay a €1 million fine after it was found guilty of spying on staff in France. Ikea France was accused of using private detectives and police officers to collect staff’s private data including accessing their criminal records in order to vet job applicants. The illegal surveillance affected around 400 people. (Source: BBC/16 June 2021)
Jun 15 2021 |
Legal NewsThe UK's Competition and Markets Authority (CMA) has confirmed that it is currently investigating Apple and Google over their dominant position in the mobile phone market particularly on whether both companies have a market power over other businesses which could lead to reduced innovations, higher prices of devices and apps or other goods and services due to higher advertising prices. (Source: BBC/15 June 2021)
Jun 12 2021 |
Legal NewsFive bills aimed at limiting the power held by Big Tech companies such as Amazon, Apple, Google and Facebook in the areas of data, mergers, and competitive behaviour were drafted after a 16-month investigation. There is no unanimous support for the bills as those who oppose it believe it is simply bad policy and can be ruled as unconstitutional. The bills will be referred House Judiciary Committee before being sent to the House floor. (Source: BBC/12 June 2021)
Jun 11 2021 |
Legal NewsThe National Music Publishers' Association (NMPA) has initiated a copyright suit against Roblox, an online gaming service for letting users upload music from music artists without paying a licensing fee. The suit seeks for at least USD200 million in damages over the online gaming service’s exploitation of unlicensed music and calls for musicians to be paid when their works are used on the gaming platform. (Source: BBC/11 June 2021)
Jun 09 2021 |
Legal NewsThe state of Ohio in the US has filed an unprecedented lawsuit to declare Google as a public utility and that it should be subject to government regulation regarding its search engine and other services. This stemmed from the allegation that Google often favoured its own products to the point of putting competitors at a disadvantage. (Source: STRAITS TIMES/9 June 2021)
Jun 09 2021 |
Legal NewsEl Salvador has become the world's first country to recognise Bitcoin as legal tender with 62 out of 84 possible votes in Congress. This law means every business must now accept Bitcoin as legal tender for goods or services unless it is unable to provide the technology needed to do the transaction. (Source: BBC/9 June 2021)
Jun 09 2021 |
Legal NewsGoogle has been fined €220m by the French authorities for abusing its advertising power. It was found that Google’s ad management platform, Google Ad Manager, had been promoting its own online advertising services, Google Adx, at the expense of rivals. (Source: BBC/9 June 2021)
Jun 09 2021 |
Legal NewsColin Kane, a driver for the company Debmat Surfacing, who was sacked for “breach of trust and dishonesty” after being seen drinking in a social club while off work sick has won his case at an employment tribunal. It was ruled that Mr Kane was unfairly dismissed as no company rules were broken and that the firm had not undertaken a fair disciplinary process. (Source: BBC/9 June 2021)
Jun 03 2021 |
Legal NewsThe European Court of Justice has ruled that an EU law whereby a worker can be compared with somebody working in a different establishment if a “single source” has the power to correct the difference in pay, was applicable to businesses in the UK, resulting in Tesco staff’s victory in a suit against their employer for equal pay. In this case, it was alleged that Tesco workers, who were mostly women, failed to receive equal pay for work of equal value with colleagues in its distribution centres who are mostly men. (Source: BBC/3 June 2021)
Jun 03 2021 |
Legal NewsThe Court of Appeal has allowed the appeal by the Kelantan Government and held that the Federal Government has no legal standing to act for the Temiar Orang Asli tribe as it does not fall within the federal and state dispute as stipulated in the Federal Constitution, and that they can initiate legal action themselves. The case involved the issue of the customary land in Pos Simpor, Gua Musang. (Source: The EDGE/3 June 2021)
Jun 03 2021 |
Legal NewsThe High Court has allowed the removal of “bin Abdullah” from a Muslim adopted child’s name. It was held that it was not in the best interest of the child to carry stigma that he was either illegitimate or adopted. (Source: The EDGE/3 June 2021)
Jun 02 2021 |
Legal NewsThe US Supreme Court has declined to hear an appeal by Johnson & Johnson’s (J&J) over a multibillion-dollar pay-out which was awarded to multiple women who alleged that its talcum powder contained asbestos which caused them to develop ovarian cancer. In the earlier lawsuit, the women were awarded USD4.7 billion. The Missouri Court of Appeals reduced the award to USD2.1 billion. (Source: BBC/2 June 2021)
May 30 2021 |
Legal NewsA group of 117 healthcare workers at a Texas Hospital filed a lawsuit against their employer’s mandate which requires all staff to receive the COVID-19 vaccinations failing which would result in loss of their jobs. It was alleged that such requirement violated the Nuremberg Code and also against state laws. The report came after the US Equal Employment Opportunity Commission said companies could mandate employees in a workplace be vaccinated against COVID-19. (Source: The EDGE/30 May 2021)
May 27 2021 |
Legal NewsClearview AI, a US firm with a database of three billon facial images from the internet is facing a new legal challenge from privacy campaigners. It was argued that its method of collecting photos and selling them to private firms and police were unacceptable and goes beyond what was expected for online users. Clearview argued that it had no contracts with any EU-based customers that it had complied with requests to remove images of EU citizens, as per the GDPR Rules. The legal challenge was submitted to data regulators in France, Austria, Italy, Greece and the UK. (Source: BBC/27 May 2021)
May 27 2021 |
Legal NewsIn a landmark case, a Court in the Netherlands has ruled that Shell must reduce its emissions by 45% by 2030 as it was held that the Shell group was held to be responsible for its own CO2 emissions and those of its suppliers. This is the first time a company has been legally obliged to align its policies with the Paris climate agreement. (Source: BBC/27 May 2021)
May 27 2021 |
Legal NewsUber has agreed to recognise a trade union, GMB Union, in a landmark deal, giving a union the right to negotiate on behalf of drivers for the first time. Both parties will meet quarterly to discuss driver issues and concerns including Uber’s National Living Wage guarantee, pensions and holiday pay. (Source: BBC/27 May 2021)
May 26 2021 |
Legal NewsWhatsApp, a Facebook-owned app, is suing the Indian Government over new digital rules that will force them to violate privacy protections, mainly on the requirement of tracing the origins of chats, and to declare the new rule as unconstitutional. The new guidelines was introduced by the Indian government to regulate content on social media and streaming platforms, requiring them to remove any content flagged by the authorities within 36 hours. (Source: BBC/26 May 2021)
May 25 2021 |
Legal NewsLandmark ruling on copyright infringement The Intellectual Property High Court in Kuala Lumpur in a landmark ruling has held that the sale, offer for sale, distribution and/or supply of TV boxes or illicit streaming devices (ISDs), that can provide unauthorised access to copyrighted works constitute copyright infringement under the Copyright Act 1987. The case was brought by Measat Broadcast Networks Sdn Bhd (the service provider for Astro) against a seller of ISDs preloaded with applications which act as gateways to websites or content servers streaming pirated content. (Source: SUN/25 May 2021)
May 13 2021 |
Legal NewsEU’s General Court had overturned the initial order for Amazon to pay over €250m (£215m) in taxes to Luxembourg. The European Commission had alleged that the tax deal amounted to state aid for the company which is against the EU's internal market creating an advantage for the company. Amazon and Luxembourg challenged to have the decision overturned. It was found that none of the findings by the Commission was sufficient to demonstrate the existence of an advantage. It is not yet clear whether the EU will appeal. (Source: BBC / 13 May 2021)
May 13 2021 |
Legal NewsThe Paris Appeal Court has overturned a ruling involving the Air France Airbus plane crash which killed 228 people in 2009, and ruled that the airline and manufacturer should go on trial for involuntary manslaughter. Based on the investigation, it was found that the pilots had lost control when air-speed sensors froze. Initially, the Magistrate had charged both the airline and manufacturer with manslaughter however the Paris prosecutor then recommended that only Air France should go on trial. In September 2019, charges against both were dropped as there were not enough grounds to prosecute. (Source: BBC / 13 May 2021)
May 12 2021 |
Legal NewsA US judge has dismissed a bankruptcy case involving the National Rifle Association (NRA) which may lead the organization to face a lawsuit that may ultimately cause its dissolution. It was stated by the judge in the written statement that the NRA did not file for bankruptcy in good faith. The gun-rights group had declared for bankruptcy in January following a lawsuit on financial mismanagement by New York's attorney general Letitia James. For more details click here: (Source: BBC / 12 May 2021)
May 11 2021 |
Legal NewsApple is facing a class-action suit of £1.5 billion after being accused of breaching UK competition law by overcharging UK customers for App Store purchases. Hausfeld, a specialist litigation firm, is representing an estimated class of 19.6 million UK iPhone and iPad users which alleged that Apple has been shutting out the competition by forcing App Store users to use its payment processing system which includes a 30% commission charge. (Source: GLOBAL LEGAL POST / 11 May 2021)
May 10 2021 |
Legal NewsApex court in Malaysia ruled that the former director of Asian International Arbitration Centre (AIAC) Datuk Prof Dr N. Sundra Rajoo is entitled to immunity from prosecution for acts committed while in office. It was held that the words "immunity from suit or from other legal processes" in the Second Schedule of the International Organisation (Privileges and Immunities) Act 1992 included criminal proceedings. (Source: NST/30 April 2021)
May 10 2021 |
Legal NewsPrudential Assurance Co Singapore has won a case against Peter Tan Shou Yi, the company's former top group agency manager, for poaching over 220 agents for competitor, Aviva. Aviva offered Mr Tan a S$15.3 million sign-on bonus and had a war chest of S$100 million to poach the agents. His acts were found to be in breach of his contractual obligation to conduct his insurance business with integrity and honesty. (Source: STRAITS TIMES/6 May 2021)
May 10 2021 |
Legal NewsThe Ministry of Human Resources (KSM) has launched the Working for Workers (WFW) application, a platform for 15.7 million workers, including foreign workers, to submit complaints related to labour issues. WFW is a medium created to ensure the rights and welfare of workers affected by employers' misconduct are protected which indirectly ensures employers and employees comply with national labour laws. Identities of the complainants would be kept confidential and the application would be addressed between three and seven days. (Source: THE EDGE/4 May 2021)
May 10 2021 |
Legal NewsIn England and Wales, with the amendment to the Marriage Act, for the first time, allows the names of mothers of brides and grooms to be added to marriage certificates. Until now, the certificate only included the names of the fathers of the couple. The move brings England and Wales into line with the rest of the UK as Scotland and Northern Ireland who have implemented the same. (Source: BBC/4 May 2021)
May 10 2021 |
Legal NewsIn a proposed class action suit, consumers are claiming that Sony Interactive Entertainment LLC is operating an unlawful monopoly by restricting purchases of PlayStation games to its inhouse store. According to the suit, Sony stopped allowing third-party retailers such as Amazon.com Inc., Best Buy Co. and Walmart Inc., to sell download codes for PlayStation games two years ago resulting in Sony’s PlayStation Store becoming the only source for digital PlayStation games, with users paying as much as 175% more than the same ones on disk. (Source: THE EDGE/6 May 2021)
Apr 30 2021 |
Legal NewsThe German Constitutional Court has ruled that the current climate change laws are insufficient and violates fundamental freedoms as it failed to provide enough details on CO2 emission cuts after the current target ends in 2030, thus putting the burden of curbing CO2 emissions on the young. The Government is expected to revise the law by the end of the next year. (Source: BBC/30 April 2021)
Apr 29 2021 |
Legal NewsA landmark case involving Google is set for the UK Supreme Court. Google’s cookies was alleged to have collected data on user’s health, race, ethnicity, sexuality and finance through Apple's Safari web browser even when users opted the “do not track” privacy setting. This case is the first of its kind, as class actions in the UK can only be brought on an opt-in basis, whereby consent is obtained by persons bringing the case. (Source: BBC/29 April 2021)
Apr 27 2021 |
Legal NewsThe Court of Appeal has allowed the appeals by Malaysia Airlines (MAS) and AirAsia to quash the fine imposed by the Malaysia Competition Commission (MyCC) and to reinstate the decision of the Competition Appeal Tribunal (CAT) which found that they did not breach the law as a collaboration agreement was entered into before the Competition Act came into force and as such, it is lawful to discuss such agreement at the material time. In 2014, the MyCC had fined MAS and AirAsia RM10 million each after both airlines were found to have breached the market sharing prohibition under Section 4(2) of the Competition Act by entering into an agreement on sharing markets in the air transport services sector. (Source: NST/27 April 2021)
Apr 26 2021 |
Legal NewsEffective 22 April 2021, the world’s largest rubber glove manufacturer had effectively solved all 11 forced labour indicators issued by the International Labour Organisation (ILO), which had been verified by Impactt Ltd, an independent international UK consultant. For more details click here: (Source: SUN/26 April 2021)
Apr 25 2021 |
Legal NewsThe refusal of a former airline CEO to allow female staff in taking menstrual leave, a right protected under the law in South Korea since 1953, has led to a fine of almost USD1800. The court upheld the ruling where it said that asking employees to prove they were having their period could amount to an infringement of privacy and human rights. (Source: BBC/25 April 2021)
Apr 22 2021 |
Legal NewsThe EU General Court has ruled in favour of Huawei, a Chinese technology firm, who sought an EU-wide trademark on their logo, against Chanel. It was held that fashion label Chanel's logo had more rounded curves and thicker lines. The legal battle started in 2017 when Huawei applied for EU trademark protection for a logo it would use for computer hardwares but was opposed by Chanel that argued that the two vertical intertwining semi-circles were too similar to its protected logo. (Source: BBC / 22 April 2021)
Apr 22 2021 |
Legal NewsA civil servant working in a hospital in Italy has been accused of skipping work for 15 years on full pay amounting to a total of €538,000 (£464,000). He is currently being investigated for fraud, extortion and abuse of office. Six managers working at the same hospital are also being investigated in relation to the alleged absenteeism. (Source: BBC / 22 April 2021)
Apr 21 2021 |
Legal NewsA class action suit has been taken against TikTok, a popular social media platform, from the former children's commissioner for England, Anne Longfield, on how it collects and uses children's data. It is alleged that children’s data are taken without sufficient warning, transparency or the necessary consent required by law. The claim is filed on behalf of millions of children in the UK and EU who have used the app, which if successful, could result in the affected children receiving thousands of pounds. (Source: BBC / 21 April 2021)
Apr 21 2021 |
Legal NewsFollowing the Emergency (National Trust Fund) (Amendment) Ordinance 2021, which came into operation on 21 April 2021, the Malaysian Government has approved amendments to the National Trust Fund (KWAN) Act 1988, whereby funds from KWAN may be used for vaccine procurement and for any expenditures related to vaccines. (Source: SUN / 21 April 2021)
Apr 19 2021 |
Legal NewsWith an investment amounting to USD1 billion (RM4 billion), the Government of Malaysia will partner up with Microsoft under the Bersama Malaysia initiative to establish its first data centre region in Malaysia. Partnerships on a public-private basis are also formed by Microsoft and its partners, including the Malaysian Administrative Modernisation and Management Planning Unit (MAMPU), Human Resources Development Fund (HRDF), Petronas, Celcom and Grab which are expected to assist in skilling up to one million Malaysians by 2023. (Source: THE EDGE / 19 April 2021)
Apr 12 2021 |
Legal NewsIn its bid to be carbon neutral by 2050, New Zealand is introducing a new law which forces financial firms to report on the effects of climate change. Once the legislation is passed, companies will be required to start reporting on the climate change impact in 2023. New Zealand is the first country to introduce such legislation. (Source: BBC/12 April 2021)
Apr 12 2021 |
Legal NewsBreaking the record with the largest share offering in the US market through a merger with Altimeter Growth Corp, Grab is expected to raise USD4 Billion. This transaction is estimated to be completed by July 2021 and through this merger, Grab and Altimeter will form a new holding company which is expected to be valued at USD39.6 Billion. (Source: BBC/12 April 2021)
Apr 12 2021 |
Legal NewsUnder the proposed EU regulations, high-risk AI such as the use of facial recognition for surveillance, or algorithms that manipulate human behaviour will be banned. Experts and policy analysts has commented that the definition and rules regarding the ban are vague and open to many interpretations. This information however is subject to changes before the rules are officially announced next week. (Source: BBC/12 April 2021)
Apr 11 2021 |
Legal NewsThe Housing Development (Control and Licensing) Act 1996 will be amended to address the concern of abandoned housing projects and at the same time to have stricter actions implemented against developers. Under the current laws the only action that can be taken against the developers is to blacklist them. (Source: SUN/11 April 2021)
Apr 10 2021 |
Legal NewsFollowing a call for employers to give leave for vaccination, the Human Resources Ministry has agreed that employers can grant their employees leave to take Covid-19 vaccine shots. This would give confidence to Malaysians as some are still worried about the jab. The decision to grant leave however remains with the employer as vaccination cannot be done on the same day similar to a public holiday. (Source: SUN/10 April 2021)
Apr 08 2021 |
Legal NewsThe merger of Celcom Axiata Bhd, a unit of Axiata Group Bhd with Digi.Com Bhd will create the biggest mobile service provider in Malaysia. This will also lead to the emergence of ASEAN’s largest telecommunications company, with a pro forma revenue of RM50 billion and a net profit of RM4 billion. (Source: THE EDGE / 8 April 2021)
Apr 06 2021 |
Legal NewsThe legal battle over copied code in Google's Android operating system between Oracle and Google has ended with the US Supreme Court overturning the lower court's decision that Google had infringed copyright. The majority of the judges agreed that Google’s copying of the Java code was deemed fair use under US copyright law. (Source: BBC / 6 April 2021)
Apr 03 2021 |
Legal NewsThe Malaysian Bar has congratulated the five High Court judges who were recently elevated to the Court of Appeal: Datuk Ghazali Cha, Datuk Ahmad Zaidi Ibrahim, Datuk Sri Mariana Yahya, Datuk See Mee Chun and Datuk Hashim Hamzah. At the same time, congratulation wishes are given to the nine new Judicial Commissioners: Amelati Parnell, Norliza Othman, Hasbullah Adam, Datuk Sri Shamsulbahri Ibrahim, Roslan Mat Noor, Julia Ibrahim, Datuk Mohd Arief Emran Arifin, Dr John Lee Kien How @ Mohd Johan Lee and Adlin Abdul Majid. (Source: THE EDGE/3 April 2021)
Apr 02 2021 |
Legal NewsAn independent arbitrator ruled Uber's drivers had illegally discriminated against a blind woman by refusing her rides on 14 occasions, which on some occasions, was due to the transportation of her guide dog in the car. The non-liability claim made by Uber on the ground that its drivers had the status of contractors rather than employees was rejected. Uber has been ordered to pay $1.1m (£795,000) to the blind woman. (Source: BBC/2 April 2021)
Apr 02 2021 |
Legal NewsWith effect from 1 April 2021, the Companies Commission of Malaysia (SSM) has permanently increased the indebtedness threshold for companies from RM10,000 to RM50,000. The initiative was launched in response to the global and domestic economic situation, which could take longer to recover from the COVID-19 pandemic's slowdown. (Source: Bernama/2 April 2021)
Apr 01 2021 |
Legal NewsThe minimum wage will increase on Thursday, which will benefit about two million of the UK's lowest-paid workers. The National Living Wage would increase by 2.2 % to £8.91 per hour or more than £345 per year for a full-time worker. For the first time, it will be given to people aged 23 and 24, not just those aged 25 and up. (Source: BBC / 1 April 2021)
Mar 30 2021 |
Legal NewsThe Conditional Movement Control Order (CMCO) has been extended for another 14 days in Selangor, Kuala Lumpur, Johor, Penang, Kelantan, and Sarawak. Meanwhile, the Recovery Movement Control Order (RMCO) will continue to apply to Kedah, Perak, Negeri Sembilan, Perlis, Melaka, Pahang, Terengganu, Sabah, and Putrajaya. Apart from tourism activities from RMCO states to CMCO states through companies or agents registered with the Tourism, Arts, and Culture Ministry, no interstate travel is permitted. (Source: NST / 30 March 2021)
Mar 30 2021 |
Legal NewsMalaysia and Singapore have terminated the Kuala Lumpur-Singapore High-Speed Rail (HSR) project which was estimated to cost US$17 billion (RM70 billion), with Malaysia agreeing to compensate Singapore for the costs it had already incurred. Malaysia has paid S$102.8 million (RM320.27 million) for costs incurred for the development of HSR, and in relation to the extension of its suspension. (Source: Sun Daily / 30 March 2021)
Mar 30 2021 |
Legal NewsThe National Security Council (MKN) has decided that the ruling allowing only 30% of employees in Conditional Movement Control Order (CMCO) areas to work from home would be repealed on April 1. This decision was taken on the recommendation of the Ministry of International Trade and Industry (MITI) to enable management and supervisory groups of companies to work at full capacity. Additional information regarding the standard operating procedure (SOP) is available on the MKN website. (Source: Sun Daily / 30 March 2021)
Mar 26 2021 |
Legal NewsIn a years-long dispute between Tata Sons Pvt and the former chairman, India's Supreme Court ruled in Tata Sons Pvt's favour. The Court ruled on Friday that Cyrus P Mistry's removal as chairman of Tata in 2016 was lawful, rejecting the former executive's claims of mismanagement at the conglomerate. The Court also upheld Tata's rules on minority shareholder rights, making it more difficult for investors to sell their shares. (Source: The Edge / 26 March 2021)
Mar 24 2021 |
Legal NewsWith the new regulation, those who purchase duty free cigarettes in airports will have to declare and pay taxes on their duty-free cigarettes before entering Malaysia. This regulation is now being enforced by The Royal Malaysian Customs following the announcement by Minister of Finance Tengku Tengku Abdul Aziz in Budget 20201 that taxes would be imposed on cigarettes and tobacco products on all duty-free islands and any free zones that have been permitted retail sales of duty-free. (Source: New Straits Times / 24 March 2021)
Mar 22 2021 |
Legal NewsIn the ruling made by the Federal Court, the Malaysian government is now required to award aggravated damages to the next of kin of a person who dies while in police custody. It was held the family of Chandran (the victim) is entitled to get aggravated damages amounting to MYR200,000 but not exemplary damages of the same quantum that was awarded previously. (Source: The EDGE / 22 March 2021)
Mar 20 2021 |
Legal NewsIn the ruling made by High Court on 10 March 2021 following a judicial review application, the Christians nationwide could use the words "Allah", "Baitullah", "Kaabah" and "Solat" in their religious publications for educational purposes. The four Arabic words can be included in religious publications by Christians on the condition that it should be written "Only for Christians" on the front cover. (Source: New Straits Times / 20 March 2021)
Mar 19 2021 |
Legal NewsAfter maintaining good ties for several decades, North Korea had cut off diplomatic relations with Malaysia by accusing Malaysia of having done a "super-large hostile act" after its top court ruled a North Korean man can be extradited to the US face money-laundering charges. With that, North Korea had closed its embassy in Kuala Lumpur and its diplomats already left Malaysia. (Source: The EDGE / 19 March 2021)
Mar 19 2021 |
Legal NewsA 12-month waiver and rebate on listing-related fees which takes effect on 17 March 2021 are being offered by The Securities Commission Malaysia (SC) and Bursa Malaysia Bhd (Bursa Malaysia) to lower the companies' fundraising costs and to provide additional financial aid to the issuers listed. Among fees that are getting waiver and rebate here are initial, annual listing, processing, perusal, prospectus registration and listing fees. (Source: Bernama / 19 March 2021)
Mar 17 2021 |
Legal NewsThe government has agreed to increase the maximum salary eligibility limit for Disabled Workers Allowance from MYR1,200 to MYR1,500 a month. A total of MYR26 million would be provided which would benefit almost 5,000 persons with disabilities according to the special announcement on the Strategic Programme to Empower People and the Economy (Pemerkasa). (Source: The Sun Daily / 17 March 2021)
Mar 17 2021 |
Legal NewsAn additional MYR500 million will be allocated for micro, and small and medium enterprise (SME) financing facilities under Bank Simpanan Nasional (BSN), TEKUN Nasional, MARA and SME Corp, under the PEMERKASA stimulus package. MYR300 million will be channelled via BSN with a funding limit of MYR50,000 at a reduced interest rate of 3% from 3.5% previously. (Source: The EDGE / 17 March 2021)
Mar 16 2021 |
Legal NewsThe government has given the green light for Ramadan and Aidilfitri bazaars and congregational tarawih prayers at mosques and surau to operate across the country during the fasting month this year. The Government decided to allow these three activities to be held in strict compliance with the standard operating procedures (SOPs). (Source: The Sun Daily / 16 March 2021)
Mar 15 2021 |
Legal NewsTAX avoidance’ has recently been demonised as an unsavoury practice adopted by taxpayers to avoid paying their due share of taxes. Most people will agree that governments cannot function without collecting taxes. We are constantly being reminded by the authorities that it is our moral duty as citizens of Malaysia to pay our share of taxes. Yes, most of us will not disagree. (Source: The Sun Daily / 15 March 2021)
Mar 13 2021 |
Legal NewsThe police are required to issue the MYR10,000 compound for any individual found violating the Movement Control Order's (MCO) standard operating procedures (SOP), based on the Prevention and Control of Infectious Diseases Act 1988 (Act 342). The police had no power to write an amount less than the MYR10,000 figure as it was stipulated in the law, but said all compounds can be appealed. (Source: New Straits Times / 13 March 2021)
Mar 11 2021 |
Legal NewsIndividuals who violate the standard operating procedures (SOPs) stipulated for the prevention and control of the COVID-19 pandemic can be fined up to MYR10,000. This is based on the Emergency (Prevention and Control of Infectious Diseases) (Amendment) Ordinance 2021 which comes into effect on 11 March 2021. Source: New Straits Times / 11 March 2021)
Mar 11 2021 |
Legal NewsThe High Court has ruled that the Yang di-Pertuan Agong’s proclamation and the ordinances enacted under the emergency law cannot be challenged in any court of law on the ground that this was provided for under Article 150(8) of the Federal Constitution which among others states that the Yang di-Pertuan Agong’s decision over proclamation of emergency shall be final and conclusive and shall not be challenged or called in question in any court on any ground. Source: The Sun Daily / 11 March 2021)
Mar 10 2021 |
Legal NewsThe High Court has ruled that the use of the word Allah by non-Muslims all over Malaysia is allowed. In addition, other prohibited words such as Baitullah, Kaabah and solat, which were banned by the Cabinet in 1986, could also be used by the community for teaching purposes as they have been in use in Sabah and Sarawak and some parts of Peninsular Malaysia for more than 400 years. (Source: The EDGE / 10 March 2021)
Mar 09 2021 |
Legal NewsA North Korean man is set to be extradited from Malaysia to face money laundering charges in the United States after losing a final legal challenge. Mun Chol Myong, who has lived in the Southeast Asian country for a decade with his family, was arrested in 2019 following the extradition request from Washington. (Source: The Sun Daily / 9 March 2021)
Mar 06 2021 |
Legal NewsThe Singapore Ministries of Home Affairs (MHA) and Law (MinLaw) have published a guide on how sentencing works in Singapore's criminal justice system, in order to educate the public about the process. The guide addresses questions such as the factors that the courts take into account in sentencing. (Source: Straits Times / 6 March 2021)
Mar 04 2021 |
Legal NewsThe Federal Court has ruled that political parties cannot sue individuals for defamation and had answered in the negative a legal question posed by Kepong Member of Parliament Lim Lip Eng to strike out a defamation lawsuit which was filed against him by MCA. The question is whether a political party can maintain a suit for defamation in the light of the decision in Goldsmith v Bhoyrul (1998), an English case law which provided that political parties cannot be claimants in defamation suits. (Source: The Sun Daily / 4 March 2021)
Mar 01 2021 |
Legal NewsThe Federal Court has upheld the conviction and death sentence of a former tow truck driver for the murder of AmBank founder Hussain Ahmad Najadi in 2013 and affirmed the 18-year jail term for Koong Swee Kwan for attempting to murder Najadi's wife Cheong Mei Kuen on the ground that the evidence against Koong was overwhelming. (Source: The EDGE / 1 March 2021)
Mar 01 2021 |
Legal NewsThe Federal Court has dismissed the appeal by the National Feedlot Corporation Sdn Bhd (NFCorp) and its executive chairman, Datuk Seri Dr Mohamad Salleh Ismail, that Permatang Pauh Member of Parliament (MP) Nurul Izzah Anwar and Parti Keadilan Rakyat (PKR) had defamed him. The appeal was in regards to a defamation suit filed by NFCorp and Mohamad Salleh over a press conference held by Nurul Izzah, who was then the Lembah Pantai MP at Parliament in 2012. (Source: New Straits Times / 1 March 2021)
Feb 28 2021 |
Legal NewsThe Putrajaya Appeals Court heard a case for the first time using long distance communication technology with the appellant following his proceeding over the conviction and sentence under Section 395 of the Penal Code for gang robbery, from the Kajang Prison on 1 March 2021. (Source: The Sun Daily / 28 February 2021)
Feb 26 2021 |
Legal NewsThe Federal Court has dismissed an appeal by Apex Equity Holdings Bhd and its unit JF Apex Securities Bhd, over the locus standi (legal standing) of its minority shareholders on their opposition to the merger with Mercury Securities Sdn Bhd. The Court dismissed their appeal for leave to pose several questions of law to the apex court regarding Section 360 of the Capital Markets and Services Act on the powers of court to make certain orders on the ground that the leave question has passed the threshold for the court to grant leave. (Source: The EDGE / 26 February 2021)
Feb 25 2021 |
Legal NewsThe Federal Court has declared that Section 28 of the Syariah Criminal Offences (Selangor) Enactment 1995 which criminalises unnatural sexual intercourse as void and unconstitutional, on the ground that it was enacted in contravention of Item 1 of the State List which stipulates that the State Legislatures have no power to make law ‘in regard to matters included in the Federal List’. (Source: The Sun Daily / 25 February 2021)
Feb 25 2021 |
Legal NewsAustralia has passed a world-first law which aims at making Google and Facebook pay for news content on their platforms. The law incentivises tech giants and news organisations to negotiate payment deals between themselves. If such talks fail, digital platforms could be dragged into independent arbitrations. (Source: BBC / 25 February 2021)
Feb 24 2021 |
Legal NewsThe Kuala Lumpur High Court has extended the temporary stay order to halt the deportation of 114 Myanmar refugees to their homeland. The Court granted the extension pending its decision on two non-governmental organisations' (NGOs) bid for leave to initiate a judicial review to stop the deportation of the refugees. (Source: The EDGE / 24 February 2021)
Feb 22 2021 |
Legal NewsThe Singapore Court of Three Judges, the top court for dealing with lawyer misconduct, has ruled that a disciplinary tribunal can consider antecedents when deciding on the appropriate penalty for an errant lawyer. The Court has clarified this novel issue when it remitted the case of a lawyer to the disciplinary tribunal. (Source: Straits Times / 22 February 2021)
Feb 21 2021 |
Legal NewsYang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah has proclaimed Kuantan a city and opened the Kuantan City Council Complex at Tanah Putih. The proclamation ceremony of Kuantan as a city follows the approval granted by the Federal government via a Cabinet meeting on 8 May 2019. (Source: New Straits Times / 21 February 2021)
Feb 18 2021 |
Legal NewsThe United Kingdom Justice Secretary has stated that it may be legal for companies to insist on new staff being vaccinated as a condition of their employment, and further added that the legality of “no jab, no job” would depend very much on the terms of employment and the particular contract. (Source: BBC / 18 February 2021)
Feb 17 2021 |
Legal NewsThe Securities Commission Malaysia (SC) and Bursa Malaysia Bhd have announced temporary relief measures for listed issuers in addition to those introduced in 2020. The regulators further stated that these additional measures would allow listed issuers more time to prepare their financial statements and put in place regularisation plans amid the COVID-19 pandemic. The additional measures are extension of time to submit financial statements and relief to listed issuers with unsatisfactory financial conditions and inadequate levels of operations. (Source: Bernama / 17February 2021)
Feb 16 2021 |
Legal NewsThe Movement Control Order (MCO) is extended for another two weeks from 19 February to 4 March 2021 and affects Kuala Lumpur, Selangor, Penang and Johor. Sabah, Pahang, Negri Sembilan, Terengganu, Kelantan, Perak, Melaka, Kedah, Labuan and Putrajaya will be under Conditional Movement Control Order (CMCO) from 19 February to 4 March 2021. Perlis is the only state to be placed under the Recovery Movement Control Order (RMCO) for the same period. (Source: New Straits Times / 16 February 2021)
Feb 15 2021 |
Legal NewsThe Selangor Islamic Religious Council (MAIS) has launched an online system called MAIS e-Faraid to facilitate estate management for Muslims in the state. e-Faraid offered estate management services, calculation method for an inheritance according to the Faraid (Islamic inheritance) law, file management as well a channel for its managing officers to file their reports. (Source: Bernama / 15 February 2021)
Feb 11 2021 |
Legal NewsThe Court of Appeal has allowed Puncak Niaga Holdings Bhd’s appeal to reinstate its MYR14 billion case against former Selangor menteri besar Tan Sri Abdul Khalid Ibrahim and the Selangor government but has dismissed the inclusion of another former Selangor menteri besar Datuk Seri Azmin Ali as a defendant. The company had sued the three parties in November 2017, claiming Khalid and Azmin had abused their powers in public office by threatening to get the federal government to invoke the use of the Water Services Industry Act 2006 (WSIA) to force a takeover of the state’s water industry. (Source: The Edge Markets / 11 February 2021)
Feb 10 2021 |
Legal NewsThe Federal Court has allowed the Country Garden Danga Bay Sdn Bhd's appeal to set aside the Court of Appeal's decision in dismissing its judicial review to quash the award given by the Tribunal for Homebuyer Claims to a Singaporean house buyer. The Court further stated that the Tribunal for Homebuyer Claims could only decide on claims based upon the express terms of the sales and purchase agreement and not based on the purchaser's expectation of the unit purchased corresponding with a display model at the developer's showroom. (Source: Bernama /1 0 February 2021)
Feb 09 2021 |
Legal NewsThe National Security Council (MKN) has agreed to allow more retail shops to operate and for dine-ins to be allowed at restaurants effective from 10 February 2021. The decision was made to ensure the sustainability of retail businesses such as clothing and accessories, car accessories, handicrafts, children’s toys, and sports equipment. (Source: The Sun Daily / 9 February 2021)
Feb 08 2021 |
Legal NewsMalaysia’s status as Asia’s preferred destination for business events has been recognised at the 13th China MICE (meetings, incentives, conventions and exhibitions tourism segment) Industry Golden Chair Awards, as the country was named as the Fourth Most Expected MICE Destination for 2020. This award is a strong testament of Malaysia Convention & Exhibition Bureau’s (MyCEB) strong performance and its branding efforts in promoting Malaysia as a preferred business events destination while highlighting Malaysia’s diverse offerings in terms of connectivity, state-of-the-art facilities, first-class infrastructures and great hospitality. (Source: The Sun Daily / 8 February 2021)
Feb 07 2021 |
Legal NewsChina’s market regulator has released an anti-monopoly guidelines that target internet platforms, tightening existing restrictions faced by the country's tech giants. The new rules formalise an earlier anti-monopoly draft law released in November and clarify a series of monopolistic practices that regulators plan to crack down on. (Source: The Sun Daily / 7 February 2021)
Feb 05 2021 |
Legal NewsThe Federal Court has declared a woman who was born out of wedlock to a Muslim father and a Buddhist mother as a non-Muslim on the ground that there is no proof that she is a Muslim by original faith. The Court further held that there was also no proof that Rosliza's mother professed Islam at the time of Rosliza's birth as she considered herself a Buddhist in her written application for a new identity card in 1995 and in her statutory declaration in 2008. (Source: Bernama / 5 February 2021)
Jan 29 2021 |
Legal NewsThe e-PG (Electronic Pleading Guilty) Application is a system which allows traffic offenders in Shah Alam or Selangor to plead guilty from in front of their computer without physically coming to the Magistrate's Court. The pilot project begins from 2 February until 5 February for cases registered with Shah Alam Magistrate's Court 3. (Source: The EDGE / 29 January 2021)
Jan 28 2021 |
Legal NewsMalaysia dropped six spots to 57th position among 180 countries in the Transparency International (TI) Corruption Perceptions Index (CPI) for 2020. The CPI scores and ranks are based on 13 surveys and expert assessments which measure the perceived level of corruption in the country's public sector on a scale fromzero (perceived to be highly corrupted) to 100 (perceived to be very clean). (Source: New Straits Times / 28 January 2021)
Jan 27 2021 |
Legal NewsThe Court of Appeal has allowed the appeal by the Taman Tun Dr Ismail (TTDI) Residents Association and quashed the development order granted by the Kuala Lumpur City Hall (DBKL) for a proposed development of a high-rise residential project in Taman Rimba Kiara in TTDI, Kuala Lumpur, on the ground that that the residents had the legal standing to file the judicial review against DBKL's decision. (Source: Bernama / 27 January 2021)
Jan 23 2021 |
Legal NewsChina has passed a controversial law that gives the coast guard more freedom to fire on foreign vessels, a move that could fuel the risk of military miscalculation in the Western Pacific. The China Coast Guard would be allowed to take “all necessary means,” including the use of weapons, to stop or prevent threats from foreign vessels, according to the text released by Xinhua. Coast guard personnel will be permitted to board and inspect foreign ships operating in China’s “jurisdictional waters,” a term covering areas claimed by other countries. (Source: The EDGE / 23 January 2021)
Jan 23 2021 |
Legal NewsThe Ministry of International Trade and Industry (MITI) has revised the anti-dumping duties imposed on imports of cold rolled coils of alloy and non-alloy steel originating from Vietnam effective from 24 January to 23 May 2021. The duties for products imported from Vietnam will now range from 7.42 per cent to 33.70 per cent. (Source: The Sun Daily / 23 January 2021)
Jan 21 2021 |
Legal NewsThe Movement Control Order (MCO) implemented in Penang, Selangor, Melaka, Johor, Sabah, Kelantan, and the Federal Territories of Kuala Lumpur, Putrajaya and Labuan, has been extended until 4 February 2021. (Source: The Sun Daily / 21 January 2021)
Jan 20 2021 |
Legal NewsIn delivering a landmark ruling, the Court of Appeal has ruled that a listed company that has been served with a winding-up order must be delisted, on the ground that the language used in Rule 16 (2) of Bursa Malaysia’s Main Market Listing Requirements makes it clear that the delisting is mandatory, and the exchange does not have the discretion to maintain the company’s listing status. (Source: The EDGE / 20 January 2021)
Jan 19 2021 |
Legal NewsIn delivering a landmark decision, the Federal Court has ruled that where a developer fails to deliver vacant possession according to the time stipulated in the statutory sales and purchase agreement (SPA), the calculation of the Liquidated Ascertained Damages (LAD) begins from the date of payment of the booking fee and not from the date of that statutory agreement. (Source: The EDGE / 19 January 2021)
Jan 18 2021 |
Legal NewsThe government has announced the MYR15 billion Malaysian Economic and Rakyat’s Protection (PERMAI) Assistance Package, with three main objectives, namely combatting the COVID-19 outbreak, safeguarding the welfare of the people and supporting the business continuity, and comprises 22 initiatives to combat the COVID-19 pandemic. The PERMAI Assistance Package improves existing initiatives that are still ongoing and also accelerates the implementation of related initiatives. (Source: The Sun Daily / 18 January 2021)
Jan 15 2021 |
Legal NewsThe Re-Align Framework has been passed to help small and micro businesses cope with the fallout from the COVID-19 pandemic. Smaller businesses significantly affected by the pandemic will be able to renegotiate certain types of contracts with their counterparties from 15 January 2021 under the new framework. (Source: Straits Times / 15 January 2021)
Jan 15 2021 |
Legal NewsThe government has gazetted the Emergency (Essential Powers) Ordinance 2021, which was promulgated as a proactive measure to contain the COVID-19 pandemic in Malaysia, effective from 11 January 2021. The 18-provision ordinance, among others, states that an independent special committee will be established to advise the King on the continuing existence of the grave emergency threatening the security, economic life and public order of the federation arising from the pandemic. (Source: The Sun Daily / 15 January 2021)
Jan 12 2021 |
Legal NewsThe Ministry of International Trade and Industry (MITI) has released a list of essential services that are allowed to operate during the enforcement of the Movement Control Order (MCO) effective from 13 January until 26 January 2021. MITI has also issued a Frequently Asked Questions on the guidelines on essential economic sectors and services which are allowed to operate during MCO. (Source: The EDGE / 12 January 2021)
Jan 12 2021 |
Legal NewsThe Ministry of Work has stated that all construction sites in the six states placed under the Movement Control Order (MCO) has been ordered to stop effective from 13 January 2021 until 26 January 2021. However, exceptions are given to certain types of construction work categorised in the list of essential services to ensure the continuity of the construction sector. (Source: The EDGE / 12 January 2021)
Jan 11 2021 |
Legal NewsThe government has decided to implement the Movement Control Order (MCO) in six states - Penang, Selangor, Federal Territories (Kuala Lumpur, Putrajaya and Labuan), Melaka, Johor and Sabah - for 14 days, from 13 January until 26 January 2021. Another six states - Pahang, Perak, Negeri Sembilan, Kedah, Terengganu and Kelantan - would be placed under the Conditional Movement Control Order (CMCO) while the Recovery Movement Control Order (RMCO) would be enforced in Perlis and Sarawak for the same period. (Source: The Sun Daily / 11 January 2021)
Jan 08 2021 |
Legal NewsThe Federal Court has ruled that the travel ban imposed on former Bersih 2.0 chairman, Maria Chin Abdullah in May 2016 on the grounds that she had allegedly disparaged the government was unlawful. The Court found that there was no positive provision of law which set out clearly and unequivocally that the Immigration director-general and the home minister had the right to impose the travel ban on Maria, and had further stated that the right to travel abroad is a fundamental right guaranteed to all persons under Article 5 (1) of the Federal Constitution. (Source: The Sun Daily / 8 January 2021)
Jan 06 2021 |
Legal NewsThe Singapore Parliament has passed the Statute Law Reform Bill to make its laws more navigable, accessible and easily understood. The new law will provide for the greater use of simplified language in legislation, for example through the removal of lengthy phrases and archaic words such as "hereinafter" and "hereby", shorter sentences, more paragraphing, and replacing "shall" with "must" to signify legal obligations. Another part of the new law will also repeal obsolete laws. (Source: Straits Times / 6 January 2021)
Jan 05 2021 |
Legal NewsThe Lahore High Court has outlawed the so-called "virginity tests" in rape examinations on the ground that the tests were "humiliating" and "had no forensic value". The ruling, which applies in Punjab province, will end the practice of physical checks for an intact hymen and the invasive "two-finger test". Campaigners have long demanded an end to virginity tests as part of the medical evaluation in rape cases, saying they have no scientific basis. (Source: BBC / 5 January 2021)
Jan 05 2021 |
Legal NewsSingapore Parliament has passed the Payment Services (Amendment) Bill to amend the law that regulates virtual payment service providers to better counter money laundering and terrorism financing. These changes will also strengthen laws governing digital payment tokens (DPTs) to ensure that companies issuing such tokens protect the assets of their users. (Source: Straits Times / 5 January 2021)
Jan 02 2021 |
Legal NewsThe Judiciary’s plan for 2021 is to digitalise the taking of guilty pleas in traffic cases and to allow the payment of fines electronically to reduce unnecessary foot traffic and to enhance access to justice and the efficiency of the Magistrate Courts. At present, section 137 of the Criminal Procedure Code enables an accused person to plead guilty to a summons by way of a letter and the magistrate is allowed to dispense with the personal attendance of the accused, to convict him and to impose a sentence of fine only. However, this provision is hardly utilised. The digitalisation of the traffic cases complements e-Jamin, a system that allows for the online payment of bail which has been fully operational. (Source: The Sun Daily / 2 January 2021)
Dec 31 2020 |
Legal NewsBank Negara Malaysia (BNM) has issued a Policy Document on Licensing Framework for Digital Banks. The licensing framework for digital banks aims to enable the innovative application of technology to uplift the financial well-being of individuals and businesses and foster sustainable growth. This includes expanding meaningful access to and promoting responsible usage of suitable financial solutions to the unserved and underserved segments. (Source: Bernama / 31 December 2020)
Dec 30 2020 |
Legal NewsThe Royal Malaysian Customs Department (JKDM) will no longer issue new import licence for cigarettes effective 1 January 2021. All transshipment of cigarettes, tobacco products, electronic and non-electronic cigarette devices including vape and nicotine-free liquids/gels used in electronic cigarettes, are only allowed at five ports - West and North Port in Port Klang, Selangor; Tanjung Pelepas Port, Johor; Sandakan Port, Sabah and Senari Port, Sarawak. (Source: Bernama / 30 December 2020)
Dec 30 2020 |
Legal NewsThe Securities Commission Malaysia (SC) has issued the Guidance Note on Provision of Investment Advice to provide clarity to the industry and the public on conduct which it would consider as falling within the regulated activity of providing investment advice under the Capital Markets and Services Act 2007. The Guidance Note can be downloaded at www.sc.com.my/regulation/guiding-principles. (Source: The Sun Daily / 30 December 2020)
Dec 28 2020 |
Legal NewsThe Third Meeting of the Third Session of the 14th Parliament of Dewan Negara has been adjourned after sitting for seven days with nine Bills passed namely, the Finance Bill 2020, Customs (Amendment) Bill 2020, Excise (Amendment) Bill 2020, Free Zones (Amendment) Bill 2020, Temporary Measures for Government Financing (Coronavirus Disease 2019 (Covid-19) (Amendment) Bill 2020, Sales Tax (Amendment) Bill 2020, Service Tax (Amendment) Bill 2020, Tourism Tax (Amendment) Bill 2020 and the Cooperatives (Amendment) Bill 2020. (Source: Bernama / 28 December 2020)
Dec 28 2020 |
Legal News2020 has been an eventful year for the country’s judiciary with verdicts made over several high profile cases, with the most prominent, involving former Prime Minister Datuk Seri Najib Tun Razak. Other court cases that took centre stage this year included on 1Malaysia Development Berhad (1MDB) scandal, corruption, criminal breach of trust (CBT) and money laundering which involved prominent leaders in the country. (Source: The Sun Daily / 28 December 2020)
Dec 27 2020 |
Legal NewsThe United Kingdom (UK) and the European Union (EU) have struck a Brexit deal that will have many implications for everyday life and the UK's future relationship with other countries, especially in the aspects of trade, travel, fishing, judiciary system, security and study. One of the most prominent features of the deal is that the UK will no longer be bound by judgements made by the European Court of Justice. (Source: BBC / 27 December 2020)
Dec 23 2020 |
Legal NewsThe Dewan Negara has passed the Supply Bill 2021 (Budget 2021) with unanimous support from the Senators after bloc voting following the third reading by Finance Minister Tengku Datuk Seri Zafrul Tengku Abdul Aziz. (Source: The Sun Daily / 23 December 2020)
Dec 23 2020 |
Legal NewsThe US Congress has approved the COVID-19 Relief Bill which comprises of a USD900 billion package of coronavirus pandemic aid. The aid includes a one-off USD600 payments to most Americans, boost unemployment payments by USD300 per week and extending expiration dates for the jobless programmes until the spring. It also contains more than USD300 billion in support for businesses, and money for vaccine distribution, schools and tenants facing eviction. (Source: BBC / 23 December 2020)
Dec 22 2020 |
Legal NewsThe Federal Court has dismissed the application for leave to appeal filed by Malayan Banking Bhd (Maybank). Maybank had previously applied with the High Court to quash the notification of reduced assessment for year of assessment (YA) 2014 and notices of additional assessment for YAs 2015, 2016, and 2017 raised by the Inland Revenue Board (IRB) as it did not state how much tax was being disputed. The High Court had rejected the application, and the Court of Appeal later affirmed the learned High Court judge decision. (Source: The EDGE / 22 December 2020)
Dec 21 2020 |
Legal NewsThe Hong Kong Court of Final Appeal has ruled that the city's government had the right to invoke colonial-era emergency powers to ban the wearing of masks at all public processions and meetings during the height of 2019's anti-government protests. Opposition lawmakers and activists in the former British colony lodged a judicial review on the anti-mask law in 2019. (Source: The EDGE / 21 December 2020)
Dec 21 2020 |
Legal NewsStarting 1 January 2021, all employers are required to ensure that their foreign workers undergo the COVID-19 screening test to address the spread of the pandemic, and the cost of the screening test would be borne by the employer. However, for foreign workers who contribute to the Social Security Organisation (Socso), screening tests can be done at clinics appointed by Socso. (Source: Straits Times / 21 December 2020)
Dec 16 2020 |
Legal NewsDuring the winding up debate of the Finance Bill 2020, it was stated that COVID-19 treatment and vaccine costs for parents of taxpayers can be tax deducted under expenses for medical, special needs and parental care. The income tax relief for individuals could be claimed up to MYR8,000, and the tax relief of MYR1,000 for vaccination including for COVID-19 also applied to taxpayers, their spouses and children. (Source: Bernama / 16 December 2020)
Dec 16 2020 |
Legal NewsThree customs-related bills, namely, the Customs (Amendment) Bill 2020, Excise (Amendment) Bill 2020 and Free Zones (Amendment) Bill 2020 have been passed at the Dewan Rakyat. The amendments seek to improve, standardise and update the existing provisions by adding new provisions so that tax legislation is more transparent, efficient and in line with the current changes on tax policies. (Source: Bernama / 16 December 2020)
Dec 15 2020 |
Legal NewsThe Supply Bill 2021 has been passed at the Dewan Rakyat after it received the majority support of the MPs through bloc voting. An allocation totaling MYR322.5 billion was proposed under the national budget for 2021, making it the biggest ever in the country’s history, mainly to help the government to handle and cushion the economic impact of the COVID-19 pandemic on the people and the country. (Source: The Sun Daily / 15 December 2020)
Dec 15 2020 |
Legal NewsPakistan has introduced a new anti-rape measure aiming to speed up convictions and toughen sentences. The Anti-Rape ordinance will create a national sex offenders register, protect the identity of victims and allow the chemical castration of some offenders. Special fast-track courts will be set up across the country to expedite trials and cases of rape suspects as soon as possible. (Source: BBC / 15 December 2020)
Dec 12 2020 |
Legal NewsAustria's constitutional court has struck down a law introduced last year which banned the Muslim headscarf in primary schools, saying the law "contravened the principle of equality in relation to freedom of religion, belief and conscience." The law prevented girls younger than 10 from wearing the headscarf and had been challenged by two children and their parents. (Source: New Straits Times / 12 December 2020)
Dec 11 2020 |
Legal NewsSingapore and the UK have signed a free trade deal worth more than SGD22 billion in the Southeast Asian city-state which removes tariffs and gives both countries access to each other's markets in services. The agreement largely mirrors an existing deal between Singapore and the European Union. (Source: BBC / 11 December 2020)
Dec 09 2020 |
Legal NewsUS federal regulators and more than 45 state prosecutors have sued Facebook, accusing the social media company of taking illegal actions buying up rivals to stifle competition, focusing specifically on its previous acquisitions of photo-sharing app Instagram for USD1 billion in 2012 and messaging app WhatsApp for USD19 billion in 2014. (Source: BBC /9 December 2020)
Dec 08 2020 |
Legal NewsThe Federal Court has dismissed a review application by a former member of the police Special Action Unit (UTK) Azilah Hadri to set aside his conviction and death sentence for the murder of Mongolian woman Altantuya Shaariibuu, on the ground that the so-called new evidence which Azilah sought to adduce, was deliberately suppressed by the applicant himself. (Source: Bernama / 8 December 2020)
Dec 08 2020 |
Legal NewsThe Ministry of Science, Technology and Innovation has formulated the new National Policy on Science, Technology and Innovation (DSTIN) 2021-2030 which will intensify local technology development and application efforts to transform the country from being technology users to technology developers. DSTIN will also address the issue of innovation inefficiency, where the concept of Science, Technology, Innovation and Economy (STIE) is introduced in this policy. (Source: Bernama / 8 December 2020)
Dec 03 2020 |
Legal NewsThe Federal Court reserves its decision on the appeal filed by National Feedlot Corporation Sdn Bhd (NFCorp) and its chairman Datuk Seri Dr Mohamad Salleh Ismail over the dismissal of their defamation suit against PKR lawmakers Nurul Izzah Anwar and Datuk Saifuddin Nasution Ismail, over statements made outside Parliament relating to the company's planned purchase of several units of condominiums at KL Eco City eight years ago. (Source: The EDGE / 3 December 2020)
Dec 03 2020 |
Legal NewsArgentina has passed a new tax, a one-off levy - dubbed the "millionaire's tax", on its wealthiest people to pay for medical supplies and relief measures amid the ongoing coronavirus pandemic. (Source: The EDGE / 3 December 2020)
Dec 01 2020 |
Legal NewsThe Federal Court rules that the judicial decisions of two former top judges, whose appointments as additional judges were challenged, remain protected by the "de facto doctrine” - it validates, on grounds of public policy and prevention of a failure of public justice, the acts of an official who functions under colour of law even though it is later discovered that the legality of that person’s appointment or election to office is deficient. (Source: Bernama / 1 December 2020)
Nov 30 2020 |
Legal NewsThe Judiciary holds a live streaming hearing of applications to admit petitioners as advocates and solicitors in the High Court of Malaya via video conferencing from 2 to 4 December 2020. The live video conference is streamed simultaneously through three channels, namely on the official portal of the Office of the Chief Registrar of the Federal Court of Malaysia at, www.kehakiman.gov.my as well as the official social media account of the Malaysian Judiciary on Youtube and Facebook. (Source: Bernama / 30 November 2020)
Nov 30 2020 |
Legal NewsThe Dewan Rakyat has approved the Supply Bill 2021 for the Prime Minister’s Department (JPM) at committee stage through block voting. (Source: The Sun Daily / 30 November 2020)
Nov 30 2020 |
Legal NewsThe UK Competition and Markets Authority will impose new rules in 2021 to prevent Google and Facebook from abusing their market dominance and give consumers more control over their data. The new code will set clear expectations for the most powerful firms over what represents acceptable behaviour when interacting with competitors and users. (Source: BBC / 30 November 2020)
Nov 26 2020 |
Legal NewsMalaysia Budget 2021 has been passed by the Dewan Rakyat at the policy stage. The Budget 2021 was presented by Malaysia’s Finance Minister, YB Tengku Datuk Sri Zafrul Abdul Aziz during the tabling of Supply Bill (2021) in Parliament on 6 November 2020. An allocation totalling MYR322.5 billion was proposed under the budget, making it the biggest ever in the country’s history, mainly to help the government to handle and cushion the economic impact of the Covid-19 pandemic on the people and the country. (Source: The Sun Daily / 26 November 2020)
Nov 25 2020 |
Legal NewsBank Negara Malaysia (BNM) has stated that the Malaysian government is planning to issue its first sustainability bond for environmental and social initiatives next year and developing a principles-based taxonomy to guide financial institutions to classify economic activities that contribute to climate change objectives as the country lays the foundation for an orderly transition to a low carbon economy. (Source: The EDGE / 25 November 2020)
Nov 25 2020 |
Legal NewsScotland has become the first country in the world to make period products free for all after Members of the Scottish Parliament has approved the Period Products (Free Provision) (Scotland) Bill which imposes a legal duty on local authorities to ensure that free items such as tampons and sanitary pads are available to "anyone who needs them". (Source: BBC / 25 November 2020)
Nov 23 2020 |
Legal NewsAccording to Maybank Investment Bank (Maybank IB) Research, the Ministry of Finance (MoF) has set up a committee to study various revenue enhancing measures, which includes the possibility of reintroducing the Goods and Services Tax (GST), analysing weaknesses in the tax regime and impact of new taxation on the economy, studying options for new taxes such as carbon tax and digital tax, rationalising tax incentives, improving tax administration and enhance tax audit, such as implementing tax identification numbers and enhancing data analytics. (Source: The Sun Daily / 23 November 2020)
Nov 20 2020 |
Legal NewsThe Asia-Pacific Economic Cooperation (Apec) has launched the Putrajaya Vision 2040 at the virtual Apec Economic Leaders’ Meeting. The fresh vision is an aspiration for the present and the future economic growth in next 20 years with a long-term goal of free and open trade and investment in the region, replacing the Bogor Goals 1994. (Source: The Sun Daily / 20 November 2020)
Nov 19 2020 |
Legal NewsApple will pay USD113 million to settle allegations by thirty-three US states that claimed it had slowed down older iPhones to drive users into buying new devices. Millions of people were affected when the models of iPhone 6 and 7 and SE were slowed down in 2016 in a scandal that was dubbed ‘batterygate’. (Source: BBC / 19 November 2020)
Nov 18 2020 |
Legal NewsThe Malaysian Judiciary will introduce hearing of applications to receive and register petitioners as advocates and solicitors in the High Court of Malaya through video conferencing during enforcement of the Conditional Movement Control Order and will hold a discussion session with stakeholders to obtain feedback in preparation for the hearing of the application and subsequently issue guidelines. (Source: BERNAMA / 18 November 2020)
Nov 18 2020 |
Legal NewsThe Home Ministry has held discussions with agencies and related quarters on amending the Immigration Act 1959/63 specifically on legal strategies and enforcement policies outlined in the Holistic Plan on Enforcement Against Illegal Immigrants to provide for heavier punishment against illegal immigrants. (Source: BERNAMA / 18 November 2020)
Nov 16 2020 |
Legal NewsTan Sri Suriyadi Halim Omar has been appointed the new Asian International Arbitration Centre (AIAC) director following a consultation with the Asian-African Legal Consultative Organisation (AALCO), in line with the AIAC being an independent international institution under the AALCO. The appointment, for the 2020 to 2022 session will be effective on 1 December 2020. (Source: New Straits Times / 16 November 2020)
Nov 15 2020 |
Legal NewsQ: My employer owes me several months' worth of salary and says he cannot afford to pay me yet because business is really bad due to Covid-19. What should I do? A: Under the Singapore Employment Act, your employer must pay your salary within seven days after the end of a salary period, which cannot be longer than one month. (Source: Straits Times / 15 November 2020)
Nov 12 2020 |
Legal NewsThe Securities Commission Malaysia (SC) has launched a new framework to facilitate the offering of Islamic funds with waqf features to enable the growth of the Islamic social finance segment. The Waqf-Featured Fund Framework will broaden the range of innovative Islamic capital market products and provide the public access to Islamic funds that allocate whole or part of the fund’s returns towards socially impactful activities via waqf. (Source: Bernama / 12 November 2020)
Nov 12 2020 |
Legal NewsThe Sarawak State Assembly (DUN) has passed the Constitution of the State of Sarawak (Amendment) Bill to amend Article 16 of the State Constitution to lower the minimum age required for a person to become an elected representative from 21 to 18 years old. The Bill will remove all interpretative ambiguities or uncertainties as to the real intent and objective of the proposed amendments and align the State Constitution with the amended Article 47(b) and Article 119(1)(a) of the Federal Constitution which had reduced the qualifying age for the election to the Dewan Rakyat and to be an elector or voter, from 21 years old to 18 years old. (Source: Bernama / 12 November 2020)
Nov 10 2020 |
Legal NewsThe budget, themed "In Our Strength Lies Our Collective Victory", is anchored on three thrusts, namely the people's wellbeing, business continuity and economic resilience. One of the main economic highlights among others is, government’s plans to raise the ceiling for the COVID-19 Fund from MYR20 billion to MYR65 billlion to fund the KITA PRIHATIN supplementary assistance package. (Source: Bernama / 10 November 2020)
Nov 09 2020 |
Legal NewsThe Selangor State Legislative Assembly has passed the Lembaga Urus Air Selangor (LUAS)) (Amendment) 2020 Bill to enhance the existing provisions including the legal and enforcement actions. The amendments to the enactment were to ensure that appropriate efforts and actions could be taken in a comprehensive manner to curb the problem of river pollution, hence protecting the state’s water sources. (Source: The Sun Daily / 9 November 2020)
Nov 08 2020 |
Legal NewsThe Companies Commission of Malaysia (SSM) has waived the fee for late filing of company statutory documents under the Companies Act 2016 following the implementation of the Conditional Movement Control Order (CMCO) and the Enhanced Movement Control Order (EMCO) in several areas in Malaysia from 9 November to 31 December 2020. This offer is an initiative of SSM in an effort to help ease the financial burden of companies in Malaysia that have been affected following the spread of the COVID-19 epidemic. (Source: Bernama / 8 November 2020)
Nov 05 2020 |
Legal NewsThe Federal Court has dismissed an application by the widow of the late private investigator P. Balasubramaniam to reinstate a second legal suit against former prime minister Datuk Seri Najib Tun Razak, his wife Datin Seri Rosmah Mansor, and six others. The Court was of the view that the filing of the second suit based on the same facts and parties after the first suit had been struck out, is an abuse of the court process. (Source: The Sun Daily / 5 November 2020)
Nov 04 2020 |
Legal NewsThe High Court has ruled out that Securities Commission Malaysia (SC) had successfully proven its claim in a civil suit against Dato' Sreesanthan Eliathamby for insider trading. The Court has found that Sreesanthan had breached section 89E(2)(a) of the Securities Industry Act 1983 when he acquired a total of 600,000 shares of Worldwide Holdings Bhd (WHB)and as in possession of material non-public information relating to the privatisation of WHB undertaken by Perbadanan Kemajuan Negeri Selangor by way of a member's scheme of arrangement under section 176 of the Companies Act 1965. (Source: New Straits Times / 4 November 2020)
Nov 03 2020 |
Legal NewsThe Malaysian Space Board Bill 2020, which aims at setting up a Space Board to regulate the space industry in Malaysia, has been tabled for first reading in Dewan Rakyat. The bill states that the functions of the Malaysian Space Board will be to advise the government on matters pertaining to the space industry, to ensure effective implementation of the act, as well as to issue guidelines and instructions related to the act. (Source: The EDGE / 3 November 2020)
Nov 02 2020 |
Legal NewsThe Cooperatives (Amendment) Bill 2020 which aims to ensure that the cooperative sector remains relevant and becomes the driving force of the country's economy, was tabled for the second reading in the Dewan Rakyat. The Ministry of Entrepreneur and Cooperative Development is of the view that the Co-operatives Act 1993 has to be reviewed to improve the supervision and control of the cooperative sector so that it remains relevant with current economic development. (Source: Bernama / 2 November 2020)
Nov 02 2020 |
Legal NewsAmendments to the Occupational Safety and Health Act 1994 which, among others, aims at extending the application of the law to all workplaces, has been tabled for first reading at the Dewan Rakyat. The amendments also involved an increase in penalties on employers who fail to ensure the safety, health and welfare of employees at the workplace. (Source: The Sun Daily / 2 November 2020)
Oct 28 2020 |
Legal NewsThe High Court has ruled out that the 110 Musang King durian farmers in Raub had no locus standi (legal rights) to file an application for leave for a judicial review against the Pahang government's decision for them to vacate their farms, on the ground that the farmers concerned were not owners of their farmland nor were they issued temporary occupation licence to use the land as their farms. (Source: Bernama / 28 October 2020)
Oct 27 2020 |
Legal NewsThe Perak State Legislative Assembly has unanimously approved and passed a Bill to amend Article 30 of the state Constitution to lower the voting age and the eligible age of electoral candidates from 21 to 18. (Source: Bernama / 27 October 2020)
Oct 26 2020 |
Legal NewsThe Conditional Movement Control Order (CMCO) enforced in Kuala Lumpur, Selangor and Putrajaya will now be extended for another two weeks. The second phase of the CMCO is effective from 28 October till 9 November 2020. (Source: New Straits Times / 26 October 2020)
Oct 26 2020 |
Legal NewsThe decision of the Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah not to declare a state of emergency in the country cannot be challenged in any court. Under Article 150 of the Federal Constitution, the declaration of emergency is the prerogative of the King where his decision is conclusive and shall not be challenged or called in question in any court on any grounds. (Source: New Straits Times / 26 October 2020)
Oct 25 2020 |
Legal NewsYang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah has stated that there is no need to declare a state of Emergency in the whole country or any parts of it as His Majesty believed in the government’s capability under the leadership of the Prime Minister Muhyiddin Yassin to continue implementing policies and enforcement actions to curb the spread of Covid-19. The request was made by the Prime Minister under Article 150(1) of the Emergency Ordinance and Proclamation of the Emergency (Essential Powers) Ordinance 2020, in accordance with Article 150(2B) of the Federal Constitution in combating the Covid-19 pandemic in the country. (Source: The Sun Daily / 25 October 2020)
Oct 22 2020 |
Legal NewsThe Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Act 2020 has come into effect on 23 October 2020 and will be effective for two years from the effective date. The implementation in entirety will benefit every individual and company affected economically as a result of the Covid-19 pandemic. (Source: The Sun Daily / 22 October 2020)
Oct 22 2020 |
Legal NewsIndustries are mandated to implement the work-from-home (WFH) practice for the staff in management and supervisory groups, and only 10 per cent of these groups can be allowed to work in the office. Referring to the frequently asked questions in relation to the Conditional Movement Control Order Volume 1 issued by the Ministry of International Trade and Industry, employees in management and supervisory groups include those whose tasks involve accounting, finance, administration, legislation, planning, and information and communications technology. Employees are limited to being at the office for four hours only, from 10 am to 2 pm, for three days a week. (Source: Bernama / 22October 2020)
Oct 22 2020 |
Legal NewsThe Road Transport Act (Amendment) 2020, which carries heavier penalties for traffic offences, particularly related to Sections 41 to 45, has come into operation on 23 October 2020. The amendments include Section 41 of the Act, involving the offence of causing death by reckless or dangerous driving, namely imprisonment for five to 10 years with a fine of RM20,000 to RM50,000. Amendments were also made to Section 44 of the same Act involving the offence of causing death by reckless or dangerous driving and divided into two categories, namely cases causing injury and those resulting in death. (Source: The EDGE / 22 October 2020)
Oct 22 2020 |
Legal NewsThe government is planning to revise the Statistics Act 1965 to increase the Department of Statistics Malaysia’s (DOSM) role in helping it formulate short- and long-term policies. The move is part of the government’s aim to strengthen the availability and coordination of national data, which will soon be streamlined under one agency. (Source: The EDGE / 22 October 2020)
Oct 17 2020 |
Legal NewsThe Ministry of International Trade and Industry has announced Market Development Grant under the Malaysia External Trade Development Corporation now has a value-added criteria to help small and medium enterprises boost their sales in markets beyond Malaysia against the backdrop of Covid-19. The criteria includes allowing applications for reimbursements of expenditures for participation in virtual international trade exhibitions, as well as business meetings through virtual trade missions. (Source: BERNAMA / 17 October 2020)
Oct 14 2020 |
Legal NewsA 38-year-old Malaysian man escaped the noose when he was acquitted by the Singapore Court of Appeal of a charge of being a drug courier. Beh Chew Boo was arrested in 2016 for allegedly attempting to carry 499.97g of methamphetamine across the Causeway. He was sentenced to death in January this year by the High Court. (Source: The Straits Times / 14 October 2020)
Oct 13 2020 |
Legal NewsAll land, air and sea public transportation services, except for cruise ships and holiday cruise ships, are allowed to operate as usual during the implementation of the Conditional Movement Control Order (CMCO) in Kuala Lumpur, Putrajaya, Selangor and Sabah. Provided that the public transportation services must strictly comply with the standard operating procedures set by the National Security Council. (Source: Bernama / 13 October 2020)
Oct 13 2020 |
Legal NewsThe relief periods under Part 2 of Singapore's Covid-19 (Temporary Measures) Act will be extended by one to five months, depending on the category of the contract. Part 2 provides temporary relief from certain legal and enforcement actions. If they are unable to perform their contractual obligations, parties in seven categories of contracts can get temporary relief when they serve a notification for relief. (Source: The Straits Times / 13 October 2020)
Oct 10 2020 |
Legal NewsBusinesses in Singapore that employ riders who use active mobility devices on public paths must ensure that they are covered by third-party liability insurance against injury and death during the course of their work starting by December 2020. (Source: The Straits Times / 10 October 2020)
Oct 09 2020 |
Legal NewsThe Singapore National Population and Talent Division will provide a one-off Baby Support Grant of SGD3 thousand for children born between 1 October 2020 and 30 September 2022. It is aimed to ease couples’ financial concerns about having a child in the midst of the COVID-19 pandemic and recession. (Source: BERNAMA / 9 October 2020)
Oct 07 2020 |
Legal NewsThe Kuala Lumpur High Court has allowed a civil suit brought by 107 buyers against the developer of a condominium project known as "The Meridin @ Medini in Johor Bahru” for breaching the Housing Development (Control and Licensing) Regulations 1989 which caused them to suffer losses, after the court found that Tropika Istimewa Development Sdn Bhd as defendant had misrepresented to the plaintiffs (107 buyers) that they were entering in a Sales and Purchase Agreement (SPA) to purchase the property and not the purchase of the lease. (Source: The EDGE / 7 October 2020)
Oct 07 2020 |
Legal NewsThe Securities Commission Malaysia (SC) will be expanding the scope of specific advice by financial planners (FPs) to include stocks and bonds. The new policy development is in line with the strategic thrusts of the SC’s recently established Joint Action Plan, which means that FPs can play a central role in encouraging informed participation in the stocks and bonds market. (Source: The Sun Daily / 7 October 2020)
Oct 06 2020 |
Legal NewsThe Malaysian Communications and Multimedia Commission (MCMC) has reiterated that agencies or individuals affected by parody or fake accounts can take civil action against the account holders. It further stated that it is the right of the individuals or agencies concerned to take legal action and there are also other laws in the country that could be applied to deal with those who misuse technology, but there were not under the jurisdiction of MCMC. (Source: The Sun Daily / 6 October 2020)
Oct 06 2020 |
Legal NewsChanges to the International Arbitration Act to enhance the arbitration process and hold parties to their confidentiality obligations, has been passed in Singapore. The amendments to the Act outline a new default process for arbitrators to be appointed in disputes involving more than two parties. (Source: The Straits Times / 6 October 2020)
Oct 04 2020 |
Legal NewsThe Ministry of Science, Technology and Innovation (MOSTI) is in the process of drafting a Space Bill (RUU) to regulate the space industry, especially regarding licensing and permission to launch satellites, in Malaysia. (Source: The Sun Daily / 4 October 2020)
Oct 01 2020 |
Legal NewsThe Prime Minister’s Department will manage Bumiputra affairs, and that task will be given to a joint committee to be headed by Minister in the Prime Minister’s Department (Economy) Datuk Seri Mustapa Mohamed. It was further informed added that the joint committee will work with the Malay Consultative Council to look after bumiputra interests. (Source: Bernama / 1 October 2020)
Sep 29 2020 |
Legal NewsThe Housing and Local Government Ministry is in the midst of omitting regulations related to the hardcopy submission requirements for development control to encourage a paperless system in the country, and further stated that all 98 local authorities in Peninsular Malaysia would start using the One-Stop Centre Unit (OSC) 3.0 Plus, an online system developed by the ministry to enhance the effectiveness of delivery system, especially related to the approval of construction permits. (Source: The Sun Daily / 29 September 2020)
Sep 29 2020 |
Legal NewsTikTok has avoided a government-ordered block on new downloads in the United States after a judge issued a temporary injunction. The Judge wrote that the government had "provided ample evidence that China presents a significant national security threat", but added that specific evidence that TikTok itself posed a risk and that taking its app off stores was the required was "less substantial". (Source: BBC / 29 September 2020)
Sep 29 2020 |
Legal NewsSingapore’s Urban Redevelopment Authority has issued a new guideline to make sure that buyers do not end up committing to new homes they cannot afford. The move is aimed at encouraging financial prudence amid Singapore's worst recession and rising job losses. Developers will no longer be able to re-issue a prospective buyer's option to purchase a residential unit for multiple times on their own. (Source: The Straits Times / 29 September 2020)
Sep 28 2020 |
Legal NewsThe Kuala Lumpur High Court has struck out Datuk Seri Najib Razak's suit against AmBank Islamic, AMMB Holdings Bhd and its former officer Joanna Yu over mismanagement of his accounts which were scrutinised in his SRC International Sdn Bhd trial. The Court found that the action brought by Najib against the three was an abuse of the court's process and made for collateral purposes on his criminal matter, the SRC International proceedings. (Source: New Straits Times / 28 September 2020)
Sep 23 2020 |
Legal NewsThe government will implement several initiatives and additional assistance under the MYR10 billion PRIHATIN Supplementary Initiative Package (KITA PRIHATIN) in line with its efforts to boost economic recovery, which includes the RM7 billion Bantuan Prihatin Nasional 2.0 (BPN 2.0), the RM2.4 billion Wage Subsidy Programme 2.0 and the RM600 million PRIHATIN Special Grant (GKP) worth RM600 million. (Source: Bernama / 23 September 2020)
Sep 22 2020 |
Legal NewsThe Dewan Negara has approved the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (COVID-19) Bill 2020 which seeks to support the government’s initiatives to restore the country’s economy via the Prihatin Rakyat Economic Stimulus Package and National Economic Recovery Plan (PENJANA). The Bill seeks to modify 16 legislations, among them, the Limitation Act 1953; the Sabah Limitation Ordinance; the Sarawak Limitation Ordinance; the Public Authorities Protection Act 1948; the Insolvency Act 1967; the Hire-Purchase Act 1967 and the Consumer Protection Act 1999. (Source: Bernama / 22 September 2020)
Sep 22 2020 |
Legal NewsThe Malaysia Competition Commission (MyCC) is working on bills proposing amendments to the Competition Act 2010 (AP 2010) and the Competition Commission Act 2010 to empower the merger and acquisition regime, thus would further expand the scope of MyCC's jurisdiction in the competition law. (Source: The Edge / 22September 2020)
Sep 22 2020 |
Legal NewsThe Dewan Negara has passed the Road Transport (Amendment) Bill 2020 to improve the level of road safety and to make the law a deterrent measure that prevents a person from breaking the rules. The amendment to the bill will contain 15 main clauses. Among them are the amendment of Section 41 of the Road Transport Act 1987 (Act 333) involving the offence of causing death by reckless or dangerous driving, and Section 44 involving the offence of causing death by reckless or dangerous driving. (Source: Bernama / 22 September 2020)
Sep 21 2020 |
Legal NewsThe Dewan Negara has approved the Temporary Measures for Government Financing (Coronavirus Disease 2019 (COVID-19)) Bill 2020 to cover the temporary spending and financing in dealing with the impact of the outbreak. A total of MYR45 billion was allocated under the stimulus package and economic recovery plan, with wage subsidy programmes, employment retention and recruitment incentives as well as training assistance receiving the largest chunk of MYR16.8 billion. (Source: The EDGE / 21 September 2020)
Sep 18 2020 |
Legal NewsFootballer Lionel Messi can register his name as a trademark after a nine-year legal battle, after the European Court of Justice has dismissed an appeal from Spanish cycling company Massi and the EU's intellectual property office, EUIPO. (Source: BBC / 18 September 2020)
Sep 15 2020 |
Legal NewsThe Court of Appeal has affirmed a 2017 Sessions Court conviction of former executive chairman and director of delisted Megan Media Holdings Bhd Datuk Mohd Adam Che Harun for furnishing false information to Bursa Malaysia in 2007, according to the Securities Commission Malaysia (SC). The Court further held that there was no merit in Mohd Adam's appeal and agreed with the SC's contention that the submission of false information to Bursa constitutes a heinous crime that attacks the integrity of the Malaysian securities market. (Source: The EDGE / 15 September 2020)
Sep 15 2020 |
Legal NewsPennsylvania federal judge has ruled out that orders by the state's Democratic governor to shut down businesses and limit gatherings to tackle Covid-19 were "unconstitutional. The Court stated that even if the governor acted with "good intention of addressing a public health emergency," he did not have the right to infringe on citizens' fundamental freedoms. (Source: The Straits Times / 15 September 2020)
Sep 14 2020 |
Legal NewsIn its latest move to prevent systematic risks to the nation's vast financial sector, China has issued new rules to regulate financial holding companies. The new rules were issued as a small number of companies expanded blindly into the financial sector without isolation mechanisms and while accumulating risks, the People’s Bank of China (PBOC) said in a statement. (Source: The EDGE / 14 September 2020)
Sep 12 2020 |
Legal NewsThe Federal Court has dismissed an application to stop the Sabah state election. The application was brought by former Tamparuli assemblyman Datuk Jahid @ Noordin Jahim to stay the state election, pending disposal of an appeal over who is the rightful chief minister. (Source: The Star / 12 September 2020)
Sep 08 2020 |
Legal NewsUS jeweller Tiffany & Co. is suing luxury goods giant LVMH for stalling over a high-profile takeover deal. It accused LVMH of deliberately stalling to avoid completing the deal and used the US social justice protests and the Covid-19 pandemic to avoid paying the agreed price. LVMH on the other hand, stated that it had been requested by the French government to delay the takeover due to tariff threats from the US. (Source: BBC / 8 September 2020)
Sep 08 2020 |
Legal NewsThe Court of Appeal in Singapore has ruled that there was a breach of natural justice in the making of bankruptcy-related orders by the Indonesian Court against an Indonesian businessman and his family, each of whom is an Indonesian citizen but hold Singapore permanent residency. The Court held that the family had not been given a fair opportunity to contest the court proceedings in Indonesia. (Source: The Straits Times / 8 September 2020)
Sep 08 2020 |
Legal NewsThe Switzerland's Federal Supreme Court has dismissed Olympic’s gold medalist, Caster Semenya’s appeal against the restriction of testosterone levels in female runners, following a 2019 governing body, World Athletics’ rule change which stated that athletes with differences of sexual development (DSD) must either take medication in order to compete in track events from 400m to the mile, or change to another distance. (Source: BBC /8 September 2020)
Sep 07 2020 |
Legal NewsThe Competition and Consumer Commission of Singapore (CCCS) has produced a new price transparency guidelines to stamp out fake discounts, hidden add-on fees in ads from 1 November 2020 onwards. The guidelines specify how the CCCS will interpret and wield the Consumer Protection (Fair Trading) Act to stamp out errant practices, and spell out actions that businesses should take to ensure they are not infringing the law. For instance, businesses will not be able to advertise airline tickets for SGD1,000 without stating additional charges upfront, such as a SGD100 booking fee and a SGD200 fuel surcharge. (Source: The Straits Times / 7 September 2020)
Sep 07 2020 |
Legal NewsThe Employees Provident Fund (EPF) has extended the date for employers to remit their mandatory contribution for the months of September to December this year, from the 15th to the 30th of each month respectively. EPF extended this flexibility following the government's extension of the Recovery Movement Control Order until 31 December 2020. (Source: New Straits Times / 7 September 2020)
Sep 04 2020 |
Legal NewsThe Kuala Lumpur High Court has acquitted and discharged UK-based Goldman Sachs International Ltd and its two Asian entities, Goldman Sachs (Asia) LLC and Goldman Sachs (Singapore), on charges relating to the sale of 1Malaysia Development Berhad (1MDB) bonds amounting to MYR27.2 billion. The Court made the decision after deputy public prosecutor Datuk Masri Mohd Daud informed the court that the prosecution did not intend to pursue the charges against all the accused, and therefore applied to withdraw all the charges against Goldman Sachs. (Source: New Straits Times / 4 September 2020)
Sep 02 2020 |
Legal NewsThe Federal Court has set aside the convictions and death sentence of two foreigners, Vietnamese and Indian, for trafficking in methamphetamine at two airports and were sentenced to 15 years jail instead for possession of the drugs. The Court substituted the charges against the duo from trafficking to possession as, in both cases, the High Court had used double presumption of possession and trafficking to secure their conviction. (Source: The Sun Daily / 2 September 2020)
Sep 01 2020 |
Legal NewsThe Entrepreneur Development and Cooperatives Ministry (MEDAC) via SME Corp Malaysia will provide stamp duty exemption for small and medium enterprises (SMEs) on any instruments executed for merger and acquisition (M&A) activities aimed at enhancing their capacity. The stamp duty exemption on M&A instruments covers the costs of the contract or agreement for the sale or lease of property (including land, buildings, machines and equipment); transfer and memorandum of understanding; loan or financing agreement; and first lease agreement. (Source: Bernama / 1 September 2020)
Aug 28 2020 |
Legal NewsThe Federal Court has upheld the death sentences imposed on a storekeeper and a housewife for the murder of the woman’s husband who was stabbed while asleep in a bedroom eight years ago. The Federal Court judge further stated that the High Court judge was right in determining there was common intention by the trio to commit the murder. (Source: The Sun Daily / 28 August 2020)
Aug 28 2020 |
Legal NewsThe government has announced that the recovery movement control order (RMCO) has been extended from its original deadline 31 August to 31 December 2020, due to the Covid-19 infection cases continuing to rise within and outside of Malaysia in view of the World Health Organisation’s estimation that the battle against the virus will take a longer time than expected. (Source: The Sun Daily / 28 August 2020)
Aug 27 2020 |
Legal NewsThe Road Transport (Amendment) Bill 2020, which imposes a heavier penalty for driving under the influence (DUI) of alcohol or drugs has been passed in the Dewan Rakyat. Among the amendments was Section 44 involving offences committed by reckless drivers resulting in the death of others. For causing death, the penalty to be imposed, is imprisonment for a period of between 10 to 15 years and a minimum fine of MYR50,000 and a maximum of MYR100,000. In addition the offender’s driving licence would be suspended for a period of 10 years, for the first conviction. (Source: Bernama / 27 August 2020)
Aug 27 2020 |
Legal NewsThree bills involving the amendments to the Courts of Judicature Act 1964, the Subordinate Courts Act 1948 and the Subordinate Courts Rules Act 1955 has been passed in the Dewan Rakyat. The highlight of the amendments involved court proceedings conducted through live video or television networks or any other medium of electronic communication (Source: The Sun Daily / 27 August 2020)
Aug 25 2020 |
Legal NewsThe Insolvency (Amendment) Bill 2020 aimed at amending the Insolvency Act 1967 has been passed in the Dewan Rakyat. The highlight of the Bill is the amendment of section 5 of the Act which raises the minimum bankruptcy threshold from MYR50,000 to MYR100,000, and thus make it more responsive and comprehensive towards the requirements and current issues regarding insolvency. (Source: Bernama / 25 August 2020)
Aug 25 2020 |
Legal NewsThe National Security Council (NSC) (Amendment) Bill 2020 to improve the NSC Act 2016 (Act 776) and to ensure management of the country’s security is governed and carried out efficiently and effectively, has been passed in Dewan Rakyat after receiving majority support from members through a voice vote. (Source: The Sun Daily / 25 August 2020)
Aug 24 2020 |
Legal NewsThe Temporary Measures for Government Financing (Coronavirus Disease 2019 (Covid-19)) Bill 2020 has been passed in Parliament at the policy level after it was approved by a majority vote after the third reading. (Source: The Sun Daily / 24 August 2020)
Aug 18 2020 |
Legal NewsThe Court of Appeal has struck out the appeal by activist Muhsin Abdul Latheef against the High Court’s dismissal of his review bid on the discharge and acquittal of former Finance Minister Lim Guan Eng and businesswoman Phang Li Koon on corruption charges involving the purchase of a land lot and bungalow at below market value. (Source: The Sun Daily / 18 August 2020)
Aug 17 2020 |
Legal NewsThe Consumers Association of Kedah (CAKE) representing more than 200 residents and traders affected by the spread of Covid-19, has filed a suit in the Alor Star High Court against Nasi Kandar Salleh owner, who is alleged to be the originator of the Sivagangga Cluster in the area. CAKE is seeking compensation of more than RM1 million including special, exemplary and nominal damages. It also sought an interim injunction to prevent the defendant from leaving the area. (Source: The Sun Daily / 17 August 2020)
Aug 17 2020 |
Legal NewsThe Kuala Lumpur High Court has sentenced a 19-year-old to be detained at the pleasure of the Yang di-Pertuan Agong after he was found guilty of murdering 23 people in a fire at Pusat Tahfiz Darul Quran Ittifaqiyah in 2017. The sentence was meted out after the defence failed to raise reasonable doubts against the 23 murder charges and the court found that the teenager had intentionally committed mischief to cause death. (Source: The Sun Daily / 17 August 2020)
Aug 14 2020 |
Legal NewsFortnite-maker Epic Games is taking legal action against Google and Apple after being banned from their respective app stores after the former had bypassed their payment systems, to avoid giving the latter to take a standard 30% of purchases on their app stores. (Source: BBC / 14 August 2020)
Aug 14 2020 |
Legal NewsThe Singapore Court of Appeal has dismissed the appeal by two Malaysian inmates on death row for a stay of execution pending a probe on allegations that “brutal and unlawful methods” were used in judicial executions in Singapore, as stated in the press statement by Lawyers for Liberty (LFL). The Court dismissed the appeal on the ground that the LFL press statement did not provide a sufficient basis to grant leave to commence a judicial review. (Source: The Edge / 14 August 2020)
Aug 13 2020 |
Legal NewsThe Federal Court has ruled that Parliament has the power to enact legislation on offences and to prescribe punishments for the offences, including the mandatory death penalty. The Court further stated that prescribing the measure of punishment was the prerogative of Parliament and that discretion to determine the measure of punishment was not an integral part of judicial power. (Source: The Sun Daily / 13 August 2020)
Aug 11 2020 |
Legal NewsThe Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020 has been tabled for first reading in the Dewan Rakyat. The Bill seeks to support the Prihatin Rakyat Economic Stimulus Package, Prihatin SME Economic Stimulus Package and the Short-term Economic Recovery Plan, to lessen the financial and social impact brought about by the pandemic. (Source: BBC / 11 August 2020)
Aug 11 2020 |
Legal NewsThe California State Judge has ruled that ride-hailing companies Uber and Lyft must classify their drivers as employees rather than freelancers, in accordance with the new rule in California, Assembly B5, which sets three criteria for defining whether a worker is independent or an employee. (Source: BBC / 11 August 2020)
Aug 11 2020 |
Legal NewsThe Court of Appeal United Kingdom has ruled that the use of automatic facial recognition (AFR) technology by South Wales Police is unlawful, on the ground that there was no clear guidance on where AFR Locate could be used and who could be put on a watchlist, a data protection impact assessment was deficient and the force did not take reasonable steps to find out if the software had a racial or gender bias. (Source: BBC / 11 August 2020)
Aug 08 2020 |
Legal NewsThe Kuala Lumpur High Court has allowed Prime Minister Tan Sri Muhyiddin Yassin’s application to strike out the suit brought by Tun Dr Mahathir Mohamad and five others over the nullification of their membership in Parti Pribumi Bersatu Malaysia (Bersatu). In allowing the application, the Court stated that Dr Mahathir and the other plaintiffs had no locus standi to bring the legal action against the defendants, and found that Section 18C of the Societies Act 1966, which states that any decision of political parties are final and cannot be challenged in courts, is applicable in this case. (Source: The Star / 8 August 2020)
Aug 06 2020 |
Legal NewsFacebook’s Instagram is officially launching its answer to the hit short video app TikTok – Instagram Reels. The new Instagram feature will let users record and edit 15-second videos with audio, and will let users add visual effects. Users will be able to share Reels with followers in Instagram in a dedicated section called Reels in Explore, or in the Story feature where posts disappear after 24 hours. (Source: The Star / 6 August 2020)
Aug 04 2020 |
Legal NewsThe National Disaster Management Agency (NADMA) has prepared a syariah-compliant guidelines for management and placement of flood victims. The inclusive guidelines encompasses all religions, but it is also syariah-compliant, in which those who are not mahram (are not married or do not have blood ties) and evacuated to temporary relief centres, will be placed in a separate area. (Source: Bernama / 4 August 2020)
Aug 04 2020 |
Legal NewsPetroliam Nasional Bhd (Petronas) has withdrawn its appeal against the Kuching High Court’s dismissal of its judicial review application to quash the notices of assessment issued by the Sarawak state government seeking the oil and gas company to pay MYR1.3 billion in state sales tax (SST), and the ruling that Sarawak is entitled to collect sales tax on petroleum products. The Sarawak government, at the same time, also withdrew its cross-appeal over jurisdiction issue of the High Court on the state sales tax (SST). (Source: The Star / 4 August 2020)
Aug 04 2020 |
Legal NewsFollowing the gazetting of amendments to the Trade Descriptions (Cheap Sale Price) (Amendment) Regulations 2019 effective 2 January 2020, the Domestic Trade and Consumer Affairs Ministry has confirmed that traders are now allowed to organise cheap sales without a quota according to suitability and affordability. The amendment to this rule aims to make enforcement related to cheap sales more relevant in line with current trade developments (Source: The Star / 4 August 2020)
Aug 03 2020 |
Legal NewsThe High Court has granted Petroliam Nasional Bhd (Petronas) an interim stay against the Inland Revenue Board (IRB) from enforcing its additional tax assessment of MYR105 million, alleging that the national oil company had committed tax avoidance under Section 72(1)(a) of the Petroleum (Income Tax) Act 1967. (Source: The Edge / 3 August 2020)
Jul 29 2020 |
Legal NewsThe government has agreed to implement the three-month moratorium extension and targeted bank assistance that focuses on helping the individuals who had lost their jobs in 2020 and still haven’t gotten a new job. The banks has also given commitment to help all borrowers, whether individual or Small and Medium Enterprise (SME) such as businessman, traders or those who are self-employed, that were affected by Covid-19. (Source: The Sun Daily / 29 July 2020)
Jul 28 2020 |
Legal NewsThe High Court has sentenced former prime minister, Datuk Seri Najib Abdul Razak, to a total of 72 years in jail and fined him MYR210 million after finding him guilty on seven cases of criminal breach of trust (CBT), money laundering and abuse of position involving MYR42 million in SRC International Sdn Bhd funds. However, Najib will only serve 12 years in jail as High Court judge Mohd Nazlan Mohd Ghazali ordered all the jail sentences to run concurrently (Source: The Sun Daily / 28 July 2020)
Jul 27 2020 |
Legal NewsThe Federal Court has dismissed an application by three bridal make-up artists to review the Federal Court’s 2015 decision which set aside the Court of Appeal’s ruling that Section 66 of the Negri Sembilan Syariah Criminal Enactment penalising cross-dressers, was unconstitutional. The application was rejected as it does not cross the threshold of Rule 137 of the Federal Court Rules 1995. (Source: The Sun Daily / 27 July 2020)
Jul 27 2020 |
Legal NewsThe bill to amend the Road Transport Act 1987 will focus on three main aspects - driving under the influence of alcohol, driving under the influence of drugs and reckless driving, to ensure that Malaysian roads are safe for all. The amendments also meant that heavier punishments await first-time and repeat offenders, especially on road accidents that cause death of others. (Source: New Straits Times / 27 July 2020)
Jul 25 2020 |
Legal NewsCommunications and Multimedia Ministry has clarified that TikTok, YouTube and other social media application users can continue to produce and upload videos without applying for a licence from the National Film Development Corporation (Finas), to uphold the principle of media freedom and personal freedom of individuals on social media. (Source: New Straits Times / 25 July 2020)
Jul 24 2020 |
Legal NewsThe Insolvency, Restructuring and Dissolution Act together with its 48 related pieces of subsidiary legislation, will commence on 30 July 2020. The Act consolidates Singapore’s personal and corporate insolvency and debt restructuring laws and updates relevant laws to be aligned with international best practices. (Source: Business Times / 24 July 2020)
Jul 22 2020 |
Legal NewsThe High Court has reversed the magistrate’s court’s decision to cane twenty-seven male Rohingya refugees, who were found guilty for entering Malaysia illegally during the movement control order, on the ground that the 27 persons were refugees in need of international protection due to the persecution they faced. (Source: The Sun Daily / 22 July 2020)
Jul 22 2020 |
Legal NewsThe Federal Court has refused Damansara Member of Parliament Tony Pua Kiam Wee’s leave to appeal against the appellate court’s decision to uphold the withdrawal of former prime minister Datuk Seri Najib Razak’s defamation suit relating to the tabling of the Syariah Courts (Criminal Jurisdiction) (Amendment) Bill or RUU355, against him. In dismissing the appeal, the Court held that the application did not meet the requirements under Section 96 of the Courts of Judicature Act 1964 (Conditions of appeal). (Source: The Sun Daily / 22 July 2020)
Jul 22 2020 |
Legal NewsIn a unanimous decision, the Federal Court has rejected Malaysia Airlines Bhd’s application for leave to appeal in a dispute with the National Union of Flight Attendants Malaysia (NUFAM), following Malaysia Airlines’ failure to acknowledge in-flight supervisors as not being employed in any managerial, executive, confidential or security capacity, and therefore have a right to vote to recognise NUFAM as a union. (Source: The Edge / 22 July 2020)
Jul 21 2020 |
Legal NewsAirAsia Group Bhd together with AirAsia X Bhd (AAX), have withdrawn their appeal against the High Court's dismissal of their judicial review application of the Malaysian Aviation Commission (Mavcom)’s purported refusal to mediate an ongoing dispute between the budget airline group and Malaysia Airports (Sepang) Sdn Bhd (MASSB), a subsidiary of Malaysia Airports Holdings Bhd (MAHB). (Source: The Edge / 21 July 2020)
Jul 21 2020 |
Legal NewsThe Securities Commission (SC) has revised its Licensing Handbook to enhance the initial public offering (IPO) framework for listing on Bursa Malaysia's Main Market. One of the key features of the new framework, which will take effect on 1 January 2021, is the introduction of a mandatory pre-submission holistic consultation between the SC and key stakeholders including the applicant, principal advisers, lawyers, reporting accountants and valuers. (Source: New Straits Times / 21 July 2020)
Jul 18 2020 |
Legal NewsThe Federal Court (the ‘Court’) has reversed the Court of Appeal order for Justice Mohd Nazlan Mohd Ghazali’s recusal to hear the former Federal Territories minister Tengku Adnan Tengku Mansor’s MYR1million corruption trial, and for it to be heard before another judge. The case is remitted back to the High Court on the ground that the Court of Appeal has committed errors of law and has applied the law incorrectly to the facts of the case which warranted intervention and reversal. (Source: The Star / 18 July 2020)
Jul 15 2020 |
Legal NewsThe Singapore Court of Appeal has dismissed the appeal for a lighter sentence by a 29-year-old man who forced his wife to prostitute herself and sexually abused his daughter and niece. The unemployed man was sentenced to 25½ years' jail and 24 strokes of the cane by the High Court. The accused’s lawyer argued that the judge was wrong to have allowed his own disgust over the man's actions to influence his judgment on the appropriate sentence. The Court of Appeal then rebutted that the criticism of the High Court judge was unwarranted and that his description was "reflective of the general societal view". (Source: BBC / 15 July 2020)
Jul 15 2020 |
Legal NewsA United States’ District Judge rejected a proposed USD18.9 million settlement of misconduct cases against abusive Hollywood producer Harvey Weinstein, who was given a 23-year prison sentence for rape and sexual assault. The Judge dismissed the proposed settlement for putting women who had merely met Weinstein on an almost equal footing with women who he had raped or sexually abused. (Source: BBC / 15 July 2020)
Jul 13 2020 |
Legal NewsThe Department of Statistics Malaysia has developed more detailed household classification under its Household Income and Basic Amenities Survey 2019 to enable focused planning and monitoring for closing the income gap between households. The B40 group WAs further classified into B1, B2, B3 and B4 groups, while the M40 into M1, M2, M3 and M4. Furthermore, the T20 group are classified into T1 and T2. (Source: The Sun Daily / 13 July 2020)
Jul 11 2020 |
Legal NewsSingapore's Court of Appeal has allowed the SGD1.5 billion Mandalay Trust lawsuit of former Georgian Prime Minister Bidzina Ivanishvili, against a trustee linked to a major Swiss bank, to be heard in Singapore instead of Geneva. The Court stated that the availability of evidence is only a weak point in favour of Switzerland being the appropriate forum, whereas the shape of the litigation and the governing law both point in favour of Singapore. (Source: Straits Times / 11 July 2020)
Jul 10 2020 |
Legal NewsThe Securities Commission (SC) and Bursa Malaysia Bhd will temporarily revise the existing market management and control mechanisms to provide added stability and confidence in the marketplace. The revisions to the circuit breakers as well as static and dynamic price limits would be applicable for a six-month period from 20 July 2020 to 18 January 2021. (Source: BERNAMA / 10 July 2020)
Jul 09 2020 |
Legal NewsThe Federal Court has dismissed an activist’s application for leave to appeal against the Court of Appeal’s ruling to award lawyer Eric Paulsen MYR100 thousand in damages in a defamation lawsuit, on the ground that the legal questions posed did not fulfil the requirements of section 96 of the Courts of Judicature Act 1964. (Source: The Sun Daily / 9 July 2020)
Jul 08 2020 |
Legal NewsThe Court of Appeal has upheld the 13 years’ jail sentence and six strokes of caning on a soldier who was convicted of raping a friend’s wife during a sleep-over at the couple’s home, four years ago. In a unanimous decision, the Court dismissed the accused’s final appeal against conviction and sentence, after finding that his appeal did not have merit. (Source: The Sun Daily / 8 July 2020)
Jul 07 2020 |
Legal NewsAmong the standard operating procedures (SOPs) agreed for the Parliament sitting include wearing of face masks, social distancing and temperature checks among all involved, including Members of Parliament (MPs), government officers and journalists. They will also have to register with the MySejahtera app and go through a temperature check before being allowed entry. (Source: The Sun Daily / 7 July 2020)
Jul 07 2020 |
Legal NewsThe Securities Commission Malaysia (SC) is working with Bursa Malaysia to facilitate the entry of innovative stockbroking models with differentiated value propositions to spur greater innovation, create greater diversity among market participants and enhance value for investors. This will enable a facilitative market structure, allowing for more flexible business models with greater efficient capital structure through the separation of trading and clearing memberships on the exchange. (Source: The Sun Daily / 7 July 2020)
Jul 06 2020 |
Legal NewsThe Federal Court has granted leave to the housing developer, Country Garden Danga Bay Sdn Bhd (CGDB), against the decision of the Court of Appeal regarding the award given by the Tribunal for Homebuyer Claims to a Singaporean house buyer. Among the legal questions are whether the homebuyer's claim that he has been allotted the wrong unit by the developer is maintainable after he has inspected and taken possession of and renovated the premises or whether by the law of estoppel and acquiescence, he is precluded from maintaining any such claim. (Source: The Sun Daily / 6 July 2020)
Jul 01 2020 |
Legal NewsThe Ministry of Education (MOE) has proposed three operating models to be chosen and adopted by schools to fully reopen starting 15 July 2020. The three operating models are Single Session Model, Dual Sessions Model and Rotational Mode, based on the criteria of the size of the classrooms and spaces to accommodate all their students after taking into account the social distancing rule. (Source: The Sun Daily / 1 July 2020)
Jun 30 2020 |
Legal NewsThe Penang High Court has allowed for a judicial review of a minister’s order allowing companies to repay their debts in six months instead of 21 days, as a result of the implementation of the movement control order (MCO). The Court stated that there was a prima facie case against the government and granted the application to Wabina Constructions and Engineering Sdn Bhd, seeking to challenge the order granting a six-month extension for companies to settle their debts. (Source: The Star / 30 June 2020)
Jun 30 2020 |
Legal NewsBank Negara Malaysia (BNM) has issued a policy document on electronic Know-Your-Customer (e-KYC) that is aimed at accelerating and streamlining the practices of industry players in their adoption of e-KYC technology, the online process of identifying and verifying individual customers. The policy document is in line with the central bank’s efforts to facilitate greater digital offerings of financial services. (Source: The EDGE / 30 June 2020)
Jun 28 2020 |
Legal NewsA group claiming to represent the 900,000 shareholders of Bank Kerjasama Rakyat Malaysia Bhd (Bank Rakyat) has initiated a civil suit in a bid to take back the management of the cooperative bank from the government. The application for judicial review seeks the dissolution of the bank's board of directors and for a shareholders meeting to be called to terminate the operation of the Bank Kerjasama Rakyat Malaysia Bhd Act (Special Provision 202) 1978. (Source: NST / 28 June 2020)
Jun 28 2020 |
Legal NewsThe Education Ministry (MoE) has postponed the annual examinations of Sijil Pelajaran Malaysia (SPM), Sijil Tinggi Pelajaran Malaysia (STPM), Sijil Tinggi Agama Malaysia (STAM) and Sijil Vokasional Malaysia to the first week of 2021. The examination was supposed to be held from 16 November to 7 December in 2020, but the MoE has decided to postpone the examinations due to Covid-19 pandemic and also to provide students ample time to study and prepare for the examinations. (Source: NST / 28 June 2020)
Jun 25 2020 |
Legal NewsA 23-year-old woman is the first person to be charged for providing payment services without a licence under the new Payment Services Act which aims to strengthen consumer protection in the use of e-payments and to fight money laundering and terrorism financing. (Source: The Straits Times / 25 June 2020)
Jun 25 2020 |
Legal NewsA 23-year-old woman is the first person to be charged for providing payment services without a licence under the new Payment Services Act which aims to strengthen consumer protection in the use of e-payments and to fight money laundering and terrorism financing. (Source: The Straits Times / 25 June 2020)
Jun 25 2020 |
Legal NewsThe Kuala Lumpur High Court has allowed CIMB Group Holdings Bhd to discontinue its eight-year-old suit against auditing firm Ernst & Young and asset management company SJ Asset Management Sdn Bhd (SJAM), for the breach of contractual duties and obligations following the Management Investment Agreement made between the bank and the asset SJAM, which resulted in losses suffered by the financial institution. (Source: The EDGE / 25 June 2020)
Jun 24 2020 |
Legal NewsThe government has allowed social gatherings such as wedding and engagement ceremonies, religious ceremonies and sosial celebrations like birthdays, anniversaries and reunion starting from 1 July 2020, with the conditions that the functions must wrap up within three to five hours, and the attendance capacity should not be more than 250 people at one time. (Source: The Sun Daily / 24 June 2020)
Jun 24 2020 |
Legal NewsThe government has allowed social gatherings such as wedding and engagement ceremonies, religious ceremonies and sosial celebrations like birthdays, anniversaries and reunion starting from 1 July 2020, with the conditions that the functions must wrap up within three to five hours, and the attendance capacity should not be more than 250 people at one time. (Source: The Sun Daily / 24 June 2020)
Jun 22 2020 |
Legal NewsThe process of drawing up the Temporary Measures Bill to mitigate the impact of Covid-19 is in the final stages and will be taken to cabinet in July before it is tabled in Parliament in the same month. The Bill is expected to be enforced at the latest by September 2020. (Source: The Sun Daily / 22 June 2020)
Jun 21 2020 |
Legal NewsUnder the Singapore’s Covid-19 (Temporary Measures) Act, which provides for temporary relief where contractual obligations cannot be fulfilled due to Covid-19, the renters or lessee of commercial equipment or vehicles will be able to obtain temporary relief from specified types of legal action, including commencing or continuing legal action, and repossession till 19 October 2020. (Source: The Sun Straits Times / 21June 2020)
Jun 17 2020 |
Legal NewsSince restaurants and eateries are allowed to operate during the Recovery Movement Control Order which has come into force on 9 June 2020, the standard operating procedures stated that a maximum of four people were allowed to sit at any one table in restaurants and eateries, however, if a long table can fit 10 people, then 10 people are allowed, as long as there is social distancing. (Source: The Star / 17 June 2020)
Jun 17 2020 |
Legal NewsFace-to-face job interviews as well as meetings, seminars, workshops, courses, training sessions and conferences are now allowed to be held, subject to strict compliance of the standard operating procedures. This rule applies to both the private and public sector involving ministries, government department and agencies. (Source: New Straits Times / 17 June 2020)
Jun 16 2020 |
Legal NewsIn a 6 to 3 decision, the US Supreme Court has ruled out that employers who fire workers for being gay or transgender are breaking the country's civil rights laws, which prohibits discrimination based on sex, should be understood to include sexual orientation and gender identity. (Source: BBC / 16 June 2020)
Jun 16 2020 |
Legal NewsBelgium was not backing down in its efforts to rein in US-based tech giants, when the European Union (EU)’s powerful competition authority opened a series of cases against Apple, amidst preparing historic changes to EU law that would beef up Europe's ability to limit the size and power of so-called digital "gate-keepers" which includes Amazon, Google and Facebook. (Source: The Sun Daily / 16 June 2020)
Jun 12 2020 |
Legal NewsAs the first country to play this role, disputes referred to the International Tribunal for the Law of the Sea (Itlos), or one of its chambers, can now be heard in Singapore, following the signed model agreement setting out the terms and conditions to enable Itlos or one of its chambers to sit and exercise its functions in Singapore. (Source: The Straits Times / 12 June 2020)
Jun 12 2020 |
Legal NewsMalaysia will not be sending pilgrims for the year 2020’s Haj season following the the briefings by the Health Ministry, Tabung Haji and the Special Muzakarah Committee Meeting of the National Council for Islamic Religious Affairs, which has stated that the Haj pilgrimage for the 1441H Haj (year 2020) pilgrimage season has been postponed. (Source: The Star / 12 June 2020)
Jun 12 2020 |
Legal NewsThe Government has decided to not get involved in any bailout of airline operators although they are badly affected by the COVID-19 pandemic as their business is run commercially, but will help the industry (Source: The Sun Daily / 12 June 2020)
Jun 11 2020 |
Legal NewsGoogle has removed video app Zynn from its Play Store after it has sparked a number of complaints from social media influencers who claim their videos are being reposted without permission. The TikTok copycat app offers cash payouts to users who sign up and watch videos, and has become one of the most downloaded apps in the US. (Source: BBC / 11 June 2020)
Jun 10 2020 |
Legal NewsThe Government has allowed Malaysians returning from abroad to be quarantined at home following the low rate of Covid-19 infection detected among them, and taking into account the rate of infection in other countries, which has been brought under control. Whoever fails to adhere to the compulsory quarantine requirement and standard operating procedure (SOP) will be fined MYR1 thousand and will be hauled to court. (Source: The Star / 10 June 2020)
Jun 07 2020 |
Legal NewsMalaysia is entering the Recovery Movement Control Order (RMCO) period starting from 10 June to 31 August 2020 replacing the Conditional Movement Control Order (CMCO) which ends on 9 June 2020. More flexibility will be given to the communities to undergo their daily activities during the RMCO period which requires them to continuously comply with the standard operating procedures. (Source: Bernama / 7 June 2020)
Jun 05 2020 |
Legal NewsThe Singapore’s Minister of State for Manpower has stated that employers have to compensate their employees for injuries sustained during work-from-home arrangements. The key is to ascertain that the injury arose while doing work at home and not while performing non-work activities at home. This is a fact-finding exercise that is no different from all other work injury compensation claims. (Source: Today / 5 June 2020)
Jun 03 2020 |
Legal NewsChild care centres are now allowed to resume operation by complying with the Guidelines on Prevention of Covid-19 Infection Post-Movement Control Order for Safety at Child Care Centres. The guidelines encompassed the overall operation of the child care centres, from preparation to reopen them until after the end of their daily session. (Source: The Sun Daily / 3 June 2020)
Jun 03 2020 |
Legal NewsBursa Malaysia Berhad has launched an e-learning platform, Bursa Academy, targeted primarily for retail investors across the Securities Market, Derivatives Market and Islamic Capital Market. The platform aims to be a one-stop e-learning that combines both knowledge sessions and interactive gamification through a simple and user-friendly platform. (Source: Business Today / 3 June 2020)
Jun 03 2020 |
Legal NewsA man accused of defaming members of the Cabinet in an article published on socio-political website The Online Citizen (TOC) has lost his latest bid to mount a constitutional challenge against his criminal charges. The High Court of Singapore stated that the accused has not raised any novel constitutional issues as the question he posed had been determined by the Court of Appeal in a previous case. (Source: The Straits Times / 3 June 2020)
Jun 03 2020 |
Legal NewsGoogle has been sued in a class action at the United States for at least USD5 billion from Google and owner Alphabet, over claims it illegally invades the privacy of users by tracking people even when they are browsing in "private mode". Many internet users assume their search history isn't being tracked when they view in private mode, but Google says this isn't the case. (Source: BBC / 3 June 2020)
May 29 2020 |
Legal NewsUS President Donald Trump has signed an executive order which clarifies the Communications Decency Act (“the Act”), a law that offers online platforms such as Facebook and Twitter legal protection in certain situations. Section 230 of the Act provides that social networks are not generally held responsible for content posted by users but may carry out “good-Samaritan blocking” which includes removing content found to be obscene, harassing or violent. The executive order, among others, provides that such legal immunity does not apply if a social network edits content used by users, with calls for legislation to amend or remove section 230. (Source: BBC / 29 May 2020)
May 28 2020 |
Legal NewsA new Bill which will be introduced in the Singapore Parliament next week would grant eligible small and medium-sized enterprises (SME) tenants in commercial properties that have suffered a significant revenue drop a total of four months of rental relief. The Bill will also provide relief to SME tenants in industrial and office properties and cover provisions on temporary relief from onerous contractual terms such as excessive late payment interest or charges including allowing tenants pay arrears in installments. (Source: The Straits Times / 28 May 2020)
May 28 2020 |
Legal NewsThe Government is allowing a grace period of 3 months, up to 31 August 2020, for employers to comply with amendments to the Workers’ Minimum Standards of Housing and Amenities Act 1990 which addresses cramped living conditions of migrant workers in light of the COVID-19 pandemic. (Source: NST / 28 May 2020)
May 27 2020 |
Legal NewsBerjaya Land Bhd’s subsidiary Berjaya (China) Great Mall Co (GMOC) Ltd has won an arbitration award of 947.07 million renmibi plus costs against Beijing SkyOcean International Holdings Ltd from the Hong Kong International Arbitration Centre. GMOC completed the sale of the mall, Berjaya (China) Great Mall Recreation Centre, to Beijing SkyOcean in December 2016. Beijing SkyOcean failed to payment the balance and arbitration proceedings were brought against them in January 2018. (Source: The EDGE Markets / 27 May 2020)
May 26 2020 |
Legal NewsA briefing session to study and review proposed amendments to the Road Transport Act 1987 between the Ministry of Transport and the Road Transport Department will be held on 1 June 2020. The proposed amendments include offences related to driving under the influence of alcohol and/or drugs as well as driving recklessly and causing injuries or death of other road users. The amendments is expected to be finalised by mid-June before being tabled at the Cabinet meeting. (Source: BERNAMA / 26 May 2020)
May 22 2020 |
Legal NewsA man convicted of drug-trafficking has been sentenced to death via Zoom video-call in Singapore. This is the first case in Singapore where capital punishment has been delivered remotely. This has received backlash from rights groups. (Source: The EDGE Markets)
May 22 2020 |
Legal NewsA judge in the Netherlands has ruled for a woman to delete photographs of her grandchildren that was posted on Facebook and Pinterest without permission from the parents despite numerous requests. The ruling was made under the EU’s General Data Protection Regulation (GDPR) where it was ruled that since posting on social media made the photos available to a wider audience, the exemption that GDPR does not apply to “purely personal” or “household” processing of data was not applicable. (Source: BBC)
May 22 2020 |
Legal NewsKhazanah Nasional Bhd has raised the largest telecommunications-related placement in Malaysia and the third largest in Asian with a MYR735.7 million from 172.3 million shares placement in Telemok Malaysia Bhd at MYR4.27 per share. CIMB Group Holdings Bhd and Credit Suisse were joint bookrunners for the placement. (Source: NST)
May 22 2020 |
Legal NewsCagamas Bhd has concluded its pricing for MYR705 million worth of bonds and sukuk which comprised of MYR305 million three-month Islamic commercial papers, MYR300 million three-month conventional commercial papers and MYR100 million dual tenure one and two-year conventional medium-term notes. (Source: The EDGE Markets)
May 22 2020 |
Legal NewsMaybank Investment Bank Bhd (Maybank IB) has issued four new European style cash-settled put warrants and four new European style cash-settled call warrants over the shares of CIMB Group Holdings Bhd, Genting Malaysia Bhd, My E.G. Services Bhd and SP Setia Bhd. The warrants have tenors of an estimated 7 months with an issue size of 100 million warrants each. (Source: NST)
May 14 2020 |
Legal NewsFriday prayers and other congregational prayers, including tarawih and Aidilfitri prayers are allowed to resume in the Covid-19 Green Zones in the Federal Territories, at selected mosques and surau, and limited to between three to 30 people, starting from 15 May 2020. Apart from the Federal Territories, this permission has been granted in Penang, Malacca, Sabah and Sarawak where the Yang di-Pertuan Agong is the Head of the Religion of Islam. (Source: The Sun Daily / 14 May 2020)
May 13 2020 |
Legal NewsMembers of Parliament (MPs) or assemblymen may attend Parliament or state assembly sittings, as stated under Regulation 16 of the Prevention and Control of Infectious Diseases (Measures within the Local Infected Areas)(No.6) Regulations 2020, which takes effect from 13 May 2020 to 9 June 2020. (Source: New Straits Times / 13 May 2020)
May 11 2020 |
Legal NewsThe Sarawak State Legislative Assembly has unanimously passed two Supplementary Supply Bills involving a total of MYR681,491,777 for expenditures that were not covered in the state’s budget for 2020. The Bills passed are the Supplementary Supply (2019) Bill 2020 involving an amount of MYR299,171,014 and the Supplementary Supply (2020) Bill 2020 for MYR382,320,763. (Source: The Sun Daily / 11 May 2020)
May 08 2020 |
Legal NewsThe Sarawak government and Petroliam Nasional Bhd (Petronas) have reached a consensus to resolve the negotiations on oil and gas and sales tax on petroleum products in Sarawak amicably. The consensus was achieved following efforts undertaken to review the implementation of the Malaysia Agreement 1963 officially began in December 2018, and in line with the federal government’s main policy of the Shared Prosperity Vision, which aims at sharing the country’s prosperity across the country’s income, ethnic and regional groups (Source: The Sun Daily / 8 May 2020)
May 08 2020 |
Legal NewsCompanies may resume business operations from 4 May 2020 without an approval letter from the Ministry of International Trade and Industry (MITI) and COVID-19 screening of workers is not mandatory, as issued in a statement in relation to frequently asked questions about the Conditional Movement Control Order on 8 May 2020. (Source: Bernama / 8 May 2020)
May 06 2020 |
Legal NewsThe Construction Industry Development Board (CIDB) has introduced several initiatives to ease the burden of contractors and construction industry players affected by the Movement Control Order following the Covid-19 pandemic. Among the initiatives are a two-month deferment of levy payment for private sector projects announced between Jan 1 and May 31, 2020; relaxation of contractor registration conditions by exempting the requirement for Continuous Contractor Development points for new registrations for the April-December 2020 period; postponement of the MCORE evaluation requirement for G1 contractors until 2021; and waiver of Management Efficiency Certificate and Integrity Course requirements for the period of April 1 to Dec 31, 2020. (Source: The Sun Daily / 6 May 2020)
May 04 2020 |
Legal NewsThe Securities Commission Malaysia (SC) has issued “Guidelines on Advertising for Capital Market Products and Related Services” to promote responsible advertising and encourage greater use of digital channels. Product issuers such as recognised market operators, persons undertaking regulated activities and capital market service providers are no longer required to submit their advertisement materials to the SC, provided they comply with the requirements stipulated in the guidelines. (Source: Bernama / 4 May 2020)
May 03 2020 |
Legal NewsMalaysian companies seeking Preferential Certificate of Origin (PCO) endorsement services from the International Trade and Industry Ministry (MITI) must comply with the latest procedures which takes effect during the Conditional Movement Control Order (CMCO) period starting 4 May 2020. The implementation of the procedures is key to ensure all import and export activities with the free trade agreement partner countries and the Generalised System of Preferences donor countries can be continued. (Source: Bernama / 3 May 2020)
May 01 2020 |
Legal NewsFollowing the announcement made by Prime Minister Tan Sri Muhyiddin Yassin on the implementation of the Conditional Movement Control Order, the Domestic Trade and Consumer Affairs Ministry has released a list of Standard Operating Procedure (SOP) for all types of businesses allowed to operate in full capacity. All businesses are allowed to operate except those under enhanced movement control order. (Source: The Sun Daily / 1 May 2020)
May 01 2020 |
Legal NewsThe Malaysian government makes the decision to implement the Conditional Movement Control Order (CMCO), with most economic and social activities allowed to resume on 4 May 2020. The decision was taken after two of the six strategies adopted by the government to contain the Covid-19 pandemic and build resilience through the Prihatin Economic Stimulus Package have yielded positive results. However, activities that involved large gatherings and ones that could expose the public to the risks of infection are still disallowed. (Source: The Sun Daily / 1 May 2020)
Apr 30 2020 |
Legal NewsBursa Malaysia Bhd has made history in the Malaysian corporate world by being the first company in the country to hold a fully virtual Annual General Meeting (AGM). The exchange operator held its 43rd AGM online as safety measure to protect the health and safety of its shareholders due to the unprecedented conditions caused by the COVID-19 pandemic, and following the government’s Movement Control Order (MCO). (Source: Bernama / 30 April 2020)
Apr 29 2020 |
Legal NewsAccording to the latest federal gazette under the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 4) Regulations 2020, household heads who go out to buy food and other daily necessities during the Movement Control Order (MCO) phase 4 period can now be accompanied by one family member staying in the same house. The conditions for movement in seeking healthcare or medical services also allow the person to be accompanied by any other person deemed to be reasonably necessary. (Source: Bernama / 29 April 2020)
Apr 28 2020 |
Legal NewsThe Securities Commission Malaysia (SC) and Bursa Malaysia have extended the temporary suspension of short-selling to 30 June 2020. The extension of the temporary suspension will ensure that market management measures are still in place, to manage risks within the prevailing uncertain and challenging environment amid Covid-19 pandemic, as well as to mitigate any excessive speculative activities in the marketplace (Source: The Sun Daily / 28 April 2020)
Apr 28 2020 |
Legal NewsThe Securities Commission Malaysia (SC) will grant flexibilities for businesses issuing convertible notes to venture capital (VC) and private equity (PE) firms registered with the SC. These flexibilities will allow businesses to lodge the issuance of their convertible notes directly with the SC without requiring the services of a principal adviser. Lodgement fees will also be waived, further lowering the fundraising cost. (Source: The Sun Daily / 28 April 2020)
Apr 28 2020 |
Legal NewsCompanies producing essential goods that have obtained approval from the International Trade and Industry Ministry (MITI) to operate during Phase 1, 2 and 3 of the Movement Control Order (MCO) can fully operate without time limit. However, these companies should comply with the standard operating procedures (SOP) which have been given to them, and failure to adhere to the SOPs will see their operating permits revoked and action can be taken against them. (Source: New Straits Times / 28 April 2020)
Apr 24 2020 |
Legal NewsTo ensure continued access to justice during the extended Movement Control Order (MCO) period, parties in civil cases can apply for online trials at the Federal Court and Court of Appeal. These proceedings are interlocutory appeal hearings, uncontested interlocutory applications, contested interlocutory applications which are brief, and appeals to judges in chambers on the decisions of the deputy registrar or senior assistant registrar. (Source: The Edge / 24 April 2020)
Apr 24 2020 |
Legal NewsIn a bid to support businesses impacted by the COVID-19 pandemic, the Singapore Parliament has enacted the COVID-19 (Temporary Measures) Act 2020 (the “Act”), while the Monetary Authority of Singapore (“MAS”) has set out certain support measures. The measures include, moratorium protection for scheduled contracts, temporary modifications to insolvency regimes, MAS and Financial Industry Support Measures and will be in force for six months commencing on 20 April 2020. (Source: Withers Worldwide / 24 April 2020)
Apr 23 2020 |
Legal NewsMalaysia has extended its Movement Control Order (MCO), which is due to end on 28 April 2020, by another two weeks until 12 May 2020. (Source: Bernama / 23 April 2020)
Apr 23 2020 |
Legal NewsIn an unprecedented move, the Court of Appeal used video conferencing to conduct proceedings on appeals in three civil lawsuits on dependency claim which involved three individuals against a transportation company, were live-streamed to the public on the judiciary’s official website www.kehakiman.gov.my. Courts nationwide have been ordered to close following the MCO, however, remands, new cases and bails are to be carried out as usual. (Source: The Sun Daily / 23 April 2020)
Apr 23 2020 |
Legal NewsThe Securities Commission Malaysia has introduced flexibilities in complying with the requirements under Capital Markets and Services Act 2007 (CMSA) and Rules on Take-overs, Mergers and Compulsory Acquisitions (Rules) during the movement control order (MCO) period. This allows a hybrid method of serving takeover notices and documentation via electronic publication on dedicated pages at either the Bursa or the SC websites; and concurrently sending to all offeree shareholders a physical summary notification to inform them of the offer and the availability of the relevant notices and documents on the SC or Bursa website. (Source: The Sun Daily / 23 April 2020)
Apr 22 2020 |
Legal NewsIn a first of its kind state lawsuit, the US state of Missouri has sued China's leadership over the Covid-19 coronavirus, seeking damages over what it described as deliberate deception and insufficient action to stop the pandemic. Missouri, led by Trump's Republican Party, filed a lawsuit in a federal court seeking an unspecified amount in damages and an injunction on continuing actions by China that are alleged to include hoarding of protective equipment. (Source: New Straits Times / 22 April 2020)
Apr 19 2020 |
Legal NewsThe Securities Commission Malaysia (SC) has issued a guideline on virtual general meetings which states that listed companies shall only conduct fully virtual general meetings during the movement control order period (MCO). The guideline was issued to ensure that companies can continue to meet their obligations under the law and to shareholders during this MCO period. (Source: The Sun Daily / 19 April 2020)
Apr 16 2020 |
Legal NewsThe Environment and Water Ministry has announced two incentives to reduce the financial burden of water companies during Movement Control Order (MCO), to ensure continuous water supply. The incentives are as follow: 1. Exemption on the annual licence fee to individual licence holders by as much as 30% of their total revenue by the National Water Services Commission (SPAN); 2. Suspension of the existing water asset lease payment for three months beginning April 2020, involving a total sum of RM100 million in payment suspension by the Water Asset Management Company (PAAB). The suspension is only applicable to lease agreement on state government water supply loan, taken over by PAAB through the restructuring of the country’s water services industry. (Source: SUN / 16 April 2020)
Apr 16 2020 |
Legal NewsThe Securities Commission has announced further reliefs for listed companies, especially those which are under Practice Note 17 (PN17) category. Similar temporary relief from Guidance Note 3 classification will also be provided by Bursa for companies listed on ACE Market. The PN17 relaxation will be effective from April 17 this year until June 30, 2021. The commission also lifted fundraising limits on equity crowdfunding (ECF) platforms, and allowed ECF and peer-to-peer financing (P2P) platforms to operationalise secondary trading, both with immediate effect. (Source: NST / 16 April 2020 )
Apr 15 2020 |
Legal NewsThe third phase of Movement Control Order (MCO) which came into effect on 15 April 2020 has seen the list of essential services been expanded to 15 from only 10 during the second phase. The addition of essential services was gazetted in the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 3) Regulations 2020, and they are: 1. Any services, works or industry as determined by the Minister after consultation with the authority regulating the services, works or industry" is allowed to operate under essential services; 2. Transportation by land, water or air; 3. Port, dock and airport services and undertakings, including stevedoring, lighterage, cargo handling, and pilotage, and storing or bulking of commodities; 4. Production, refining, storage, supply and distribution of fuel and lubricants; and 5. Hotels and accommodations. (Source: BERNAMA / 15 April 2020)
Apr 15 2020 |
Legal NewsUjian Penilaian Sekolah Rendah (UPSR), and Pentaksiran Tingkatan Tiga (PT3) examinations slated for September and early October have been cancelled, while Sijil Pelajaran Malaysia (SPM) and Sijil Vokasional Malaysia (SVM) examinations slated for October and early November, have been postponed to the first quarter of 2021. Since the result of UPSR is one of the criteria for admission to full boarding schools (SBP), Sekolah Menengah Kebangsaan Agama (SMKA), Mara Junior Science College (MRSM) and Royal Military College (RMC), Ministry of Education will introduce new method for this purpose, which is not solely focused on academic performance. Meanwhile, Sijil Tinggi Persekolahan Malaysia (STPM) examination date for Semester 2 has been changed to August, while the examination for Semester 3 will be held in the first quarter of 2021. (Source: BERNAMA / 15 April 2020)
Apr 11 2020 |
Legal NewsThe Life Insurance Association of Malaysia (LIAM), Persatuan Insurans Am Malaysia (PIAM) and the Malaysian Takaful Association (MTA) have broadened the reimbursement eligibility to encourage more insurance policyholders/takaful certificate holders to undergo COVID-19 tests. Under the revised eligibility, policyholders/certificate holders can claim from the COVID-19 Test Fund (CTF) if they: i. have acute respiratory infection (sudden onset of respiratory infection with at least one of: shortness of breath, cough or sore throat) with or without fever; or ii. are deemed as persons under investigation (PUIs) as defined by the Health Ministry (MoH); or iii. are in contact with a positive COVID-19 case (as per MoH’s definition), and have been referred by a doctor (registered with the Malaysia Medical Council). (Source: BERNAMA / 11 April 2020)
Apr 10 2020 |
Legal NewsThe Licensed Money Lenders Association or the Credit Community, as well as the pawnbrokers association have agreed to a three-month moratorium and licensed moneylenders registered with the Ministry had agreed not to impose late charges throughout the Movement Control Order (MCO) to ease the burden on borrowers. (Source: The EDGE / 10 April 2020)
Apr 06 2020 |
Legal NewsThe Public Sector Home Financing Board (LPPSA) has decided that it will not be providing any moratorium on monthly loan repayments as the public sector employees’ welfare are taken care of and the LPPSA’s housing loan facility are subsidised at an interest rate of 4.0 per cent -- lower that the rates offered by local banking institutions. (Source: BERNAMA / 6 April 2020)
Apr 06 2020 |
Legal NewsPrime Minister Tan Sri Muhyiddin Yassin has announced an additional allocation of MYR10 billion in the Prihatin Package for SMEs (Additional Measures) to help ease the financial burden of the Small and Medium-sized Enterprises (SMEs), which would guarantee two-thirds of the country's workforce remain employed. (Source: BERNAMA / 6 April 2020)
Apr 03 2020 |
Legal NewsThe Securities Commission Malaysia (SC) has published Capital Market Frequently Asked Questions Related to Covid-19, for the reference of capital market stakeholders to facilitate understanding of the operations of the capital market during the Movement Control Order (MCO) period. (Source: BERNAMA / 3 April 2020)
Apr 03 2020 |
Legal NewsFollowing the gazette of the Prevention and Control of Infectious Diseases (Measures within Infected Areas) (No. 2) (Amendment) Regulations 2020 which comes into force on 3 April 2020, the essential services authorised to operate during the MCO 2 are, food, water, energy, communication and internet, security and defense, solid waste and public cleansing management and sewerage, healthcare and medical including dietary supplements, banking and finance, e-commerce, transportation by land, water or air, port, dock and airport services and undertakings, including stevedoring, lighterage, cargo handling, and pilotage, and storing or bulking of commodities, production, refining, storage, supply and distribution of fuel and lubricants, hotels and accommodations, any services or works determined by the Minister as important or critical to public health or safety and logistics confined to the provision of essential services. (Source: The SUN / 3 April 2020)
Apr 02 2020 |
Legal NewsUnder a new proposed law in Singapore, restaurants and other commercial tenants that are unable to pay rent owing to the financial impact of measures to curb the spread of coronavirus infections can hold off such contractual obligations for at least six months, and landlords would not be allowed to terminate the lease of these tenants, or repossess the premises, if rent is not paid during the relief period. (Source: The Straits Times / 2 April 2020)
Apr 01 2020 |
Legal NewsAccording to the Road Transport (Prohibition of Use of Road) (Federal Roads) (No.2) Order 2020, the government has limited the distance a person can travel to buy food and other essential items or who are seeking healthcare or medical services, to within 10km of their home. (Source: The Sun Daily / 1 April 2020
Apr 01 2020 |
Legal NewsOn 1 April 2020, Malaysians get to enjoy the various assistance and initiatives under the Economic Stimulus Package announced by the government, which are the MYR20 billion Economic Stimulus Package and the MYR250 billion Prihatin Rakyat Economic Stimulus Package (Prihatin), to ease the economic burden of the people who are adversely affected by the Covid-19 pandemic. (Source: The Star / 1 April 2020)
Apr 01 2020 |
Legal NewsZoom Video Communications was sued by a user who claims that the popular video-conferencing service is illegally disclosing personal information. According to the lawsuit, the company collects information when users install or open the Zoom application and shares it, without proper notice, to third parties including Facebook. (Source: The Straits Times / 1 April 2020)
Mar 31 2020 |
Legal NewsThe Singapore High Court has dismissed three separate legal challenges against the constitutionality of Section 377A of the Penal Code of Singapore, which criminalises consensual sex between men, on the ground that Section 377A criminalises homosexual acts and not a person's sexual orientation or identity in itself. (Source: The Straits Times / 31 March 2020)
Mar 27 2020 |
Legal NewsFrequently asked questions (FAQs) related to the Human Resources Ministry in connection to the movement control order (MCO). (Source: The Star / 27 March 2020)
Mar 26 2020 |
Legal NewsSeafarers who are abducted by pirates or armed robbers in an attack at sea will stay employed and be paid their salaries while being held captive, immaterial of whether the seafarer's employment contract has expired or that either party to the contract has given notice to suspend or terminate it. (Source: The Straits Times / 26 March 2020)
Mar 25 2020 |
Legal NewsThe Government has decided to defer loan repayments of individuals and small and medium enterprises for six months, including mortgages and hire purchases. Apart from this, credit card card holders can choose to convert the outstanding balances into term-loan. In addition, the corporate sector can discuss with the banks to restructure their loan repayment that is suitable to their business. (Source: The Star / 25 March 2020)
Mar 24 2020 |
Legal NewsEmployers are not allowed to cut the pay, force employees to take annual leave or dismiss workers without following terms and conditions in the employment contract during the movement control order (MCO) period. Employers also cannot force employees to take annual leave during the MCO, as annual leave is at the prerogative of employees. (Source: The Star / 24 March 2020)
Mar 20 2020 |
Legal NewsConcerns have been raised over a two-tier response by the legal profession to the Covid-19 pandemic with contract lawyers and administrative staff being forced to remain at work for non-essential work while lawyers work remotely.In the UK, the Legal Sector Workers Union (LSWU), which represents cleaners, paralegals and administrative staff as well as solicitors and barristers, has claimed the existence of a “shocking divide” with partners working from home “while the lowest paid, most precarious staff are being forced to come in to the office”. (Source: Global Legal Post / 20 March 2020)
Mar 19 2020 |
Legal NewsNew Zealand's parliament has passed a bill decriminalising abortion and allowing women to choose a termination up to 20 weeks into a pregnancy. Previously, two doctors were required to approve an abortion - and this could only happen if there was a "serious danger" to the pregnant woman's health. (Source: BBC / 19 March 2020)
Mar 19 2020 |
Legal NewsEmployers have to pay the full salary of all employees — including allowances — during the March 18-31 Movement Control Order period. Employers are also not allowed to force workers to use their annual leave or unpaid leave during this period, as the movement restriction was made under the Prevention and Control of Infectious Disease Act 1988. (Source: The Edge / 19 March 2020)
Mar 18 2020 |
Legal NewsThe Attorney-General’s Chambers (AGC) has published a federal gazette barring individuals from travelling to another place declared as an infected area. Any person who breaches the prevention and control of infectious diseases regulations shall be liable to a maximum fine of MYR1,000 or jailed for up to six months or both as provided under the Prevention and Control of Infectious Diseases (Measures within the local Infected Areas) Regulations 2020. (Source: The Sun Daily / 18 March 2020)
Mar 18 2020 |
Legal NewsThe 14-day movement control order, which takes effect on 18 March 2020, saw compliance with the order issued by the government to curb the spread of Covid-19. The order entails comprehensive restriction on movements and public gatherings, including religious, sports, social and cultural activities. With the enforcement of the order, all houses of worship and business premises should be closed, except for supermarkets, wet markets, grocery shops and convenience stores selling daily necessities. (Source: The Sun Daily / 18 March 2020)
Mar 16 2020 |
Legal NewsMalaysia is ahead of most of its Asian peers in introducing an anti-corruption law that will hold directors personally liable for graft practices within commercial organisations. The new provision, Section 17A of the Malaysian Anti-Corruption Commission (MACC) Act 2009, coming into force on 1 June 2020, will serve as a “wake-up call” for board members and increase their sense of responsibility. (Source: The Edge / 16 March 2020)
Mar 12 2020 |
Legal NewsPakistan's parliament has passed a new bill, the Zainab Alert, Response and Recovery Bill, against child abuse, two years after the rape and murder of a seven-year-old Zainab Ansari. The legislation provides for a dedicated agency to respond more quickly when children go missing. (Source: BBC / 12 March 2020)
Mar 11 2020 |
Legal NewsBut the standards body behind the new rules says there is no evidence that mobile networks cause cancer or other illnesses but the standards body behind the new rules says there is no evidence that mobile networks cause cancer or other illnesses. It further stated that the new guidelines will provide improved protection for forthcoming 5G technologies that use high frequencies. (Source: BBC / 11 March 2020)
Mar 10 2020 |
Legal NewsFour senior ministers have been appointed to assist Prime Minister Tan Sri Muhyiddin Yassin in coordinating the Cabinet, namely on issues concerning the economy, security, infrastructure development as well as social issues and education and for the first time in the country’s history, the Cabinet will be without a deputy prime minister. (Source: The Sun Daily / 10 March 2020)
Mar 09 2020 |
Legal NewsThe High Court dismissed the judicial review application filed by Grab Holdings Inc and its subsidiaries GrabCar Sdn Bhd and MyTeksi Sdn Bhd, to challenge MyCC's proposed decision to fine them MYR86.77 million for purported abusive transit media practices. (Source: The Edge / 9 March 2020)
Mar 09 2020 |
Legal NewsFour men go on trial in the Netherlands, in the first criminal case over the murder of 298 people on board Malaysia Airlines flight MH17, which was shot down over Ukraine in 2014. This trial is the culmination of the most complex criminal investigation in Dutch history and is held within the Dutch legal system. (Source: BBC / 9 March 2020)
Mar 06 2020 |
Legal NewsSingapore couples contemplating divorce can turn to a new portal where they can get online counselling and do an e-learning module, as part of a parenting programme to help them better understand their marital situation and how it affects their children. (Source: Straits Times / 6 March 2020)
Mar 05 2020 |
Legal NewsIn the first reported case in Singapore, a guardian's application to discharge her duties to look after a teenager entrusted to her care has been rejected by the court, which made clear a guardian cannot abdicate a legal duty based on her unwillingness alone. The Court further said that a child who is placed in the guardianship of an adult must be assured that he or she is "in a safe harbour that is not transient and is not affected by winds of willingness alone". (Source: Straits Times / 5 March 2020)
Mar 03 2020 |
Legal NewsApple has agreed to settle in part for a class-action case in the US over allegations it deliberately slowed down some iPhones as they got older, as it claimed that it is to lengthen the phones’ lifespan. Critics took this as proof of "planned obsolescence" - when manufacturers deliberately impair older products to prompt users to buy a new model. (Source: BBC / 3 March 2020
Mar 02 2020 |
Legal NewsParti Pribumi Bersatu Malaysia president Tan Sri Muhyiddin Yassin took his oath of office as the eighth Prime Minister of Malaysia before the King, Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah at Istana Negara. (Source: The Star / 2 March 2020)
Mar 02 2020 |
Legal NewsA new law introducing a minimum alcohol price in Wales has come into force to tackle "harmful and damaging" drinking of cheap, strong alcohol. (Source: BBC / 2 March 2020)
Feb 27 2020 |
Legal NewsThe World Health Organization has declared the Covid-19 outbreak a global health emergency - does Covid-19 constitute a force majeure event? Whatever constitutes a force majeure event and what happens after it depends on the terms of the agreement and how the event has undermined the performance of the contract. (Source: Business Times / 27 February 2020)
Feb 25 2020 |
Legal NewsTwo internet ticket touts, Peter Hunter and David Smith traded as Ticket Wiz and BZZ, who re-sold tickets worth millions of pounds for events including Ed Sheeran and Adele concerts have been jailed. This ruling is described as a "landmark case" because it was "the first successful prosecution against a company fraudulently reselling tickets on a large scale". (Source: BBC / 25 February 2020)
Feb 25 2020 |
Legal NewsThe Singapore Court of Appeal has ruled in a landmark ruling that deals with how to apply legal doctrine of mistake when contracts are made by computer systems. The Court rejected virtual currency exchange operator, Quoine’s argument that it was entitled to unilaterally cancel the seven orders - placed by trader B2C2 to sell ethereum for bitcoin - on the basis the transactions were a mistake. (Source: Straits Times / 25 February 2020)
Feb 21 2020 |
Legal NewsThailand’s Constitutional Court today ruled to dissolve the opposition Future Forward Party (FFP) and banned its executive committee members from political activities for 10 years over an election loan from party leader Thanathorn Juangroongruangkit, on the ground that Thanathorn had violated the organic law on political parties by providing a loan of 191.2 million baht to his party ahead of the general election campaign last year. (Source: Bernama / 21 February 2020)
Feb 20 2020 |
Legal NewsThe use of Artificial Intelligence (AI) for data sentencing has begun in Sabah courts. The Malaysian judiciary use the technology as a form of aid in meting out punishment. The initiative is currently only deployed for two offences in Sabah and Sarawak courts – Section 12(2) of the Dangerous Drugs Act 1952 for drug possession and Section 376 of the Penal Code for rape. (Source: The Star / 20 February 2020)
Feb 20 2020 |
Legal NewsThe attorney general of the US state of New Mexico is suing Google, accusing the tech giant of illegally collecting the personal data of school children through the websites that the pupils visited, passwords, videos watched, contact lists, and other information. (Source: BBC / 21 February 2020)
Feb 19 2020 |
Legal NewsUtah's state Senate has voted unanimously to decriminalise polygamy among consenting adults. Under the proposal, having more than one spouse - or bigamy - would be considered a misdemeanour, on a par with a traffic violation. The bill still needs to be approved by the state's House of Representatives. (Source: BBC / 19 February 2020)
Feb 19 2020 |
Legal NewsThe Swiss Federal Institute of Intellectual Property had blocked efforts by the German spirit brand to expand its trademark to cosmetics and entertainment services on the ground that the logo for Jagermeister - a stag and a cross - could offend the country's Christians. However, the Swiss Federal judges ruled otherwise. (Source: BBC / 19 February 2020)
Feb 19 2020 |
Legal NewsA Singaporean man, who was allowed to legally adopt his biological son in a widely publicised landmark court case in 2018, has failed in application at the High Court to have his same-sex partner named guardian of his son, as well as a girl he fathered in the United States via a surrogacy arrangement. The High Court also rejected the man's bid to have his partner awarded joint custody, care and control of the children. (Source: Straits Times / 19 February 2020)
Feb 17 2020 |
Legal NewsThe electric carmaker, Tesla has been ordered to temporarily halt preparations for a car factory in Germany after environmentalists won a court injunction. The preparation includes clearing forest land near the capital, Berlin, ahead of building its first European car and battery plant. (Source: BBC / 17 February 2020)
Feb 13 2020 |
Legal NewsThe Federal Court has ruled out in majority that a Muslim child conceived out of wedlock cannot bear his father’s name. The appeal was brought by the National Registration Department (NRD), its director-general and the government to set aside the appellate court’s decision, which held that a Muslim illegitimate child could bear his father’s name instead of using ‘bin Abdullah’. (Source: The Sun Daily /13 February 2020)
Feb 12 2020 |
Legal NewsAn energy company, Galp, which stopped paying its employees for smoking breaks has won its case in Spain's High Court. The Company claimed that it was implementing the new Spanish law that requires companies to record employees' entrances and departures from the workplace. (Source: BBC / 12 February 2020)
Feb 11 2020 |
Legal NewsThe Federal Court has declined to answer constitutional questions referred by the Port Dickson MP Datuk Seri Anwar Ibrahim on the constitutionality of the National Security Council Act 2016. The Court is of the view that it was not a proper case for the Federal Court to answer as the questions referred were abstract and purely academic. (Source: The Star / 11 February 2020)
Feb 10 2020 |
Legal NewsThe Court of Appeal dismissed an appeal by Perak state executive council member (exco) Paul Yong Choo Kiong to transfer his rape trial from the Sessions Court to the High Court on the ground that there was no appealable error by the Judicial Commissioner in refusing Yong’s application to transfer the case to the High Court. (Source: The Star / 10 February 2020)
Feb 10 2020 |
Legal NewsThe proposal to make discrimination on the basis of sexual orientation and sexual identity illegal has been passed in Switzerland. This shows public opinion is far more receptive to strengthening anti-discrimination legislation than analysts had predicted. (Source: BBC / 10 February 2020)
Feb 06 2020 |
Legal NewsChina's Huawei Technologies Co Ltd has sued Verizon Communications Inc for alleging the used 12 of its patents without authorization. The telecommunications equipment maker is seeking compensation for the use of its technology in areas such as computer networking, download security and video communications, and is also seeking ongoing royalty payments, showed documents filed with the Eastern and Western District courts in Texas. (Source: The Sun Daily / 6 February 2020)
Feb 05 2020 |
Legal NewsThe High Court has allowed the prosecution’s application to transfer its case filed against Goldman Sachs (Singapore) Pte in connection with the issuance of 1Malaysia Development Berhad (1MDB) bonds worth MYR27.2 billion (USD6.5 billion), from the magistrates court to the High Court. Goldman Sachs was charged in accordance with section 179(c) of the Capital Markets and Services Act 2007, which carries a penalty comprising a maximum jail term of 10 years and a fine of not less than MYR1 million. (Source: The Sun Daily / 5 February 2020)
Feb 04 2020 |
Legal NewsMalaysia and Pakistan have formally signed a treaty on extradition that would strengthen the bilateral relationship by enhancing security against transnational crime in both countries. Malaysia has formed mutual assistance with more than 10 countries in criminal matters - Brunei, Vietnam, Cambodia, Thailand, Indonesia, Australia, the United States, the United Kingdom, Singapore and Korea. (Source: New Straits Times / 4 February 2020)
Feb 04 2020 |
Legal NewsSingapore has passed the Hazardous Waste (Control of Export, Import and Transit) Amendment Bill – a law that governs transporting of plastic waste as it had to fulfil its international obligations as a party to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal — an international treaty covering the transboundary movement of hazardous waste. (Source: Today / 4 February 2020)
Feb 01 2020 |
Legal NewsMembers of the European Parliament have voted for a single universal charging solution for small portable devices, which Apple had cautioned against. The idea behind the move is to "decouple" the sale of a charger from that of a new mobile device, and instead encourage consumers to re-use those they already own. (Source: BBC / 1 February 2020)
Jan 31 2020 |
Legal NewsJohnson & Johnson was ordered to pay USD344 million for "deceptively marketed their pelvic mesh products" for years to doctors and consumers without fully disclosing the risks of the devices, misleading users in violation of state consumer-protection laws in California, the first state to bring its claim against the company to trial after thousands of US women sued and some products were recalled. (Source: Straits Times / 31 January 2020)
Jan 30 2020 |
Legal NewsFacebook Inc. agreed to pay USD550 million to resolve claims that the company's photo-scanning technology or ‘tag suggestions’ violated the Illinois Biometric Information Privacy Act of 2008 by gathering and storing user biometric data without their permission. (Source: Straits Times / 30 January 2020)
Jan 28 2020 |
Legal NewsThe Court of Appeal has awarded a Myanmar refugee, Siang Len, almost MYR1.7 million in damages for pain and suffering and loss of amenities of his life in a medical negligence lawsuit. Siang Len had sought treatment at Hospital Universiti Kebangsaan Malaysia after being assaulted by a group of people and consequently, was given a massive overdose of an anaesthetic drug, ketamine, five times the intended dose. (Source: The Star /28 January 2020)
Jan 25 2020 |
Legal NewsJordan Belfort, the pump-and-dump scammer immortalised in The Wolf of Wall Street has filed a MYR1.2 billion fraud lawsuit in the Los Angeles Superior Court against Red Granite Pictures and its chief executive officer Riza Aziz, saying that he was victimised by a far grander scam perpetrated by the film’s producers and that he had no idea they financed the film with millions of dollars stolen from the Malaysian government. (Source: The Star / 25 January 2020)
Jan 24 2020 |
Legal NewsMalaysian lawyers from the rights group Lawyers for Liberty have filed a legal action against Singapore’s Minister of Home Affairs, K.Shanmugam for directing its online falsehood law against the former over a press statement issued by them regarding the methods of death execution in Singapore stating that it was unlawful and brutal. (Source: New Straits Times / 24 January 2020)
Jan 22 2020 |
Legal NewsSocial media sites, online games and streaming services used by children will have to abide by the new Age Appropriate Design Code, set by the UK's data watchdog. The code includes a list of 15 standards that companies behind online services are expected to comply with to protect children's privacy. (Source: BBC / 22 January 2020)
Jan 21 2020 |
Legal NewsYang di-Pertuan Besar Negri Sembilan Tuanku Muhriz Ibni Almarhum Tuanku Munawir proclaimed Seremban as a city and opened the Seremban City Council (MBS) Complex (Wisma Majlis Bandaraya Seremban). (Source: New Straits Times / 21 January 2020)
Jan 20 2020 |
Legal NewsThe Federal Court allowed a woman born to a Muslim father but raised as a Buddhist by her Buddhist mother to appeal against the High Court’s and Court of Appeal’s dismissals of her originating summons for a declaration that she was Buddhist and a not a Muslim. (Source: The Star / 20 January 2020)
Jan 20 2020 |
Legal NewsThe Vulnerable Witnesses Act draws on the Scandanavian system of Barnahus - or children's house, which help to ensure child witnesses are not traumatised. Children are no longer to be asked to give evidence in court, as the new system will allow child witnesses to record their evidence in advance of a trial and played later to a jury, for crimes including murder, sexual offences, human trafficking and domestic abuse. (Source: BBC / 20 January 2020)
Jan 18 2020 |
Legal NewsAn artificial intelligence (AI) application to determine appropriate sentences for certain criminal offences will be used in a pilot project by the courts in Sabah and Sarawak. The data analysis by the AI application would serve as a guideline to judicial officers in deciding on sentences. (Source: The Star / 18 January 2020)
Jan 15 2020 |
Legal NewsThe Federal Court unanimously dismissed a Muslim-convert mother’s application for leave to appeal against the Court of Appeal’s order in granting full custody of her two children to her ex-Buddhist husband on the ground that the woman had failed to meet the threshold requirement under Section 96 of the Courts of Judicature Act 1964 (Conditions of appeal). (Source: The Sun Daily / 15 January 2020)
Jan 14 2020 |
Legal NewsFollowing changes to the Singapore Fair Consideration Framework (FCF), companies that commit discriminatory hiring practices now face stiffer penalties, such as longer debarment periods when applying for work passes, fines and imprisonment of key personnel involved in the discriminatory hiring practices or make false declarations on fair hiring consideration. (Source: The Straits Times / 14 January 2020)
Jan 14 2020 |
Legal NewsThe Minimum Wages Order 2020, released by the Human Resources Ministry has been gazetted and will officially encompass 56 city and municipal council areas from 1 February 2020. It states that the minimum wage rate payable to an employee who works within the 16 city councils and 40 municipal councils will be MYR5.77 an hour or MYR1,200 monthly. (Source: The Star / 14 January 2020)
Jan 13 2020 |
Legal NewsBursa Malaysia Bhd today successfully launched the options contract on US Dollar denominated refined, bleached and deodorised (RBD) palm olein futures (OPOL), the world’s first options contract on palm olein as a response to market demand for an options contract and to enhance the current FPOL contract by making OPOL available to the marketplace. (Source: New Straits Times / 13 January 2020)
Jan 10 2020 |
Legal NewsJustice Doris Ling-Cohan of the New York Supreme Court has decided for a Elle magazine advice columnist to proceed with her lawsuit accusing U.S. President Donald Trump of defamation for denying that he had raped her approximately 24 years ago in a Manhattan department store after Trump failed to show that the judge lacked jurisdiction to hear plaintiff E. Jean Carroll’s claims, or that Carroll’s efforts to gather evidence should be temporarily put on hold. (Source: New Straits Times / 10 January 2020)
Jan 10 2020 |
Legal NewsBrazil's Supreme Court has overturned a ruling that TV streaming service Netflix must remove a film depicting Jesus as gay. The Court further stated that Netflix should be allowed to continue streaming the show, stating that freedom of speech was fundamental in a democracy. (Source: BBC / 10 January 2020)
Jan 09 2020 |
Legal NewsA Brazilian judge issued an injunction ordering the streaming entertainment service Netflix to stop showing a controversial movie depicting Jesus as a gay man on its online platform after a religious organisation Associacao Centro Dom Bosco de Fe e Cultura filed a lawsuit against the show's creators Porta dos Fundos. The injunction is valid until the merits of the lawsuit are determined. (Source: Straits Times / 9 January 2020)
Jan 05 2020 |
Legal NewsAs new forms of healthcare such as telemedicine and mobile medical services become common, a new law seeks to better regulate them to safeguard the safety and welfare of patients. The Healthcare Services Bill will give the authorities powers to license new models of care to replace the Private Hospitals and Medical Clinics Act 1980. (Source: Straits Times / 5 January 2020)
Jan 05 2020 |
Legal NewsThe Scottish government has introduced new regulations effective from 2024, to ensure all new homes built in Scotland use renewable or low-carbon heating. The regulations are part of Scotland’s plans to cut greenhouse gas emissions. (Source: BBC / 5 January 2020)
Jan 05 2020 |
Legal NewsFollowing the smoking ban in Malaysia, eateries are not allowed to provide designated smoking areas within three metres from its business operations area. If an eatery provides a designated smoking area outside the premises, it does not fall under the authority of the Ministry of Health (MOH) but the local authority (PBT). (Source: The Sun Daily / 5 January 2020)
Jan 02 2020 |
Legal NewsThe Court of Appeal today upheld the sentence of 17 years jail and eight strokes of the rotan on a former lorry driver for raping his niece four years ago. The final appeal of the 41-year-old rapist against his punishment was unanimously turned down as the court found no merit to amend the sentence meted by the Sessions Court and concurred with by the High Court. (Source: Bernama / 2 January 2020)
Dec 30 2019 |
Legal NewsThe High Court of Kuala Lumpur allowed former Asian International Arbitration Centre (AIAC) director Datuk Dr N. Sundra Rajoo’s judicial review application in his claim that he was entitled to immunity from prosecution for acts done in his official capacity under Part II of the Second Schedule of the International Organisations (Privileges and Immunities) Act 1992 (Act 485). (Source: NST / 31 December 2019)
Dec 30 2019 |
Legal NewsAs the digital tax came into effect on January 2020, consumers in Malaysia could be facing an increase of prices for a number of overseas-based digital services. The digital tax was announced during Budget 2019, which outlined that a 6% service tax would be imposed on foreign digital services – including software, music, video and digital advertising (Source: The Star / 30 December 2019)
Dec 30 2019 |
Legal NewsThe Islamic Financial Services Board (IFSB) has issued the Revised Compilation Guide on Prudential and Structural Islamic Financial Indicators (PSIFIs) 2019, to address the latest global and domestic regulatory developments. It includes guidance on collection, compilation and dissemination of PSIFIs for banking, capital markets and takaful institutions offering Islamic financial services, among others. (Source: The Edge / 30 December 2019)
Dec 29 2019 |
Legal NewsThroughout 2020, tourists from China and India will be able to visit Malaysia without a tourist visa next year. They will be able to enter the country for up to 15 days by using the electronic travel registration and information system – either individually or through travel agencies in their respective countries. (Source: The Star / 29 December 2019)
Dec 27 2019 |
Legal NewsThailand's Commerce Ministry warned e-retailers that the regulation that all offline products must carry a price tag has been extended to include products sold online. Listing online products without giving a price tag was illegal and carried a penalty of a fine of up to THB10,000. (Source: Straits Times / 27 December 2019)
Dec 25 2019 |
Legal NewsA court in Thailand would rule on a complaint to dissolve an upstart opposition party, Future Forward Party, over alleged plots to overthrow the constitutional monarchy. The accusations against the Future Forward Party link its upside-down triangle logo to the supposed symbol of the Illuminati, which many conspiracy theorists – without offering serious evidence – claim is a secret society pursuing world domination. This decision could test the stability of the new government. (Source: New Straits Times / 25 December 2019)
Dec 24 2019 |
Legal NewsA Romanian court has upheld the acquittals of 25 men who were arrested in 2010 as part of a large joint operation with British police, accused of running a major child-trafficking operation. (Source: BBC / 24 December 2019)
Dec 23 2019 |
Legal NewsAn unmarried woman filed a suit against a Beijing hospital for rejecting her request to undergo a medical procedure to freeze her eggs due to her marital status. This is the first courtroom challenge to Chinese marriage laws governing assisted reproductive technology, which states that only married couples can use such health services, and they must be able to prove their marital status by showing a marriage licence. (Source: Straits Times / 23 December 2019)
Dec 21 2019 |
Legal NewsThe High Court in Singapore has awarded the former wife of a business executive in divorce proceedings more than half of their matrimonial assets worth SGD13.8 million, stating that she had prioritised their children over her career. The man and his ex-wife, had been married for 35 years and have four adult children. She filed for divorce after discovering that he had been having an affair. (Source: Straits Times / 21 December 2019)
Dec 20 2019 |
Legal NewsMalaysia has scrapped the law criminalising fake news, Anti-Fake News Act in its second attempt after the Senate passed it. The repeal was in accordance with the government’s commitment to abolish draconian laws and ensure the media has the freedom to “check and balance” the administration. (Source: The Star / 20 December 2019)
Dec 19 2019 |
Legal NewsUS has raised the minimum age to purchase cigarettes, e-cigarettes and other tobacco products to 21 years old nationwide under the spending bill passed by the Senate in a provision aimed at curbing a surge in underage vaping. (Source: Wall Street Journal / 19 December 2019)
Dec 19 2019 |
Legal NewsEurope's top court has ruled that the accommodation-booking service Airbnb does not need an estate agent's licence to operate in France after the French tourism association had complained that Airbnb did not comply with French property laws. (Source: BBC / 19 December 2019)
Dec 18 2019 |
Legal NewsThe Dewan Negara has approved the Supply Bill (Budget) 2020, which has allocated MYR297 billion for the year 2020’s expenditure. (Source: Bernama /18 December 2019)
Dec 14 2019 |
Legal NewsThe Court of Appeal ruled in favour of a Singaporean house buyer and dismissed the appeal of a mega project developer, the Country Garden Danga Bay, in a long-running case which went from the Tribunal to the High Court and to the Court of Appeal. The developer is now appealing to the Federal Court against the decision in favour of the house buyer over the MYR1.6 million purchase. (Source: The Star / 14 December 2019)
Dec 13 2019 |
Legal NewsThe Singapore Ministry of Health has accepted a recent recommendations which provides a guidelines for doctors on what they need to tell patients about more common procedures. The recommendations aims to ensure patients are better able to make informed decisions about their own treatment and for doctors not to penalised unfairly in cases of omissions. (Source: The Straits Times / 13 December 2019)
Dec 13 2019 |
Legal NewsThe National Education Policy Committee is examining the proposed amendments to the Education Act 1996 which makes it compulsory for parents to send their children for primary and secondary education. Other proposed amendment include the introduction of vocational training as an option for students. (Source: Star / 13 December 2019)
Dec 12 2019 |
Legal NewsThe Companies Commission of Malaysia (CCM) will enforce the ‘Guidelines for the Reporting Framework for Beneficial Ownership of Legal Persons’ by March 2020. The guidelines aims to provide guidance to companies, limited liability partnership and businesses on the requirements regarding beneficial owners. Failure to provide information of the beneficial owner’s in the Annual Statement could be subjected to a maximum fine of MYR50,000 under the Companies Act 2016. (Source: Bernama / 12 December 2019)
Dec 11 2019 |
Legal NewsIndia’s parliament has passed the controversial Citizenship Amendment Bill which offers amnesty to non-Muslim illegal immigrants from Pakistan, Bangladesh and Afghanistan. Under current citizenship laws in India, illegal immigrants are prohibited from becoming Indian citizens. The Bill also now states that a person can only apply for citizenship if they have lived in India or worked for the federal government for at least 11 years. (Source: BBC / 11 December 2019)
Dec 10 2019 |
Legal NewsWestern Australia has legalised voluntary assisted dying, the second state in the country after Victoria. The new law provides for more than 100 safeguards in place, including the requirement for eligible persons to be terminally ill and in severe pain with a likelihood to result in death within six months or a year for a neurodegenerative condition, and for verbal and written requests signed off by doctors independent of one another. (Source: BBC / 10 December 2019)
Dec 05 2019 |
Legal NewsThe High Court of Australia, in a landmark ruling has held that the courts do not have the power to make common fund orders (CFOs), a court order which are issued at the outset of proceedings and guarantee litigation funders a share of successful class action pay-outs. The decision is likely to impact the litigation funding industry and result in a decline in class actions. (Source: The Global Legal Post / 5 December 2019)
Dec 04 2019 |
Legal NewsThe Election Commission is currently preparing amendments to the Elections (Registration of Electors) Regulations 2002 and other laws relating to the standard operating procedure for the implementation of the 18-year-old voting age and automatic voter registration. The implementation is expected to take place by July 2021. (Source: The Sun Daily / 4 December 2019)
Dec 04 2019 |
Legal NewsThe Dewan Rakyat has passed the Employees Provident Fund (Amendment) Bill (“the Bill”) 2019 which among others, would allow the voluntary transfer of a husband’s EPF contributions, at a rate of two percent, into the account of his wife or wives. The Bill also seeks to impose travel bans on those with outstanding EPF and overdue contributions. (Source: New Straits Times / 4 December 2019)
Dec 01 2019 |
Legal NewsA special tribunal for managing and hearing cases involving sexual harassment will be set up, as part of the Ministry of Women, Family and Community Development’s plan to improve the justice system involving the issue. It is said that it will be included in the Sexual Harassment Act, which is currently being discussed. The Bill is expected to be tabled in Parliament next year. (Source: The Sun Daily / 1 December 2019)
Nov 30 2019 |
Legal NewsFacebook, for the first time, has issued a correction notice on a user’s post that Singapore’s government said contained false information, in compliance with Singapore’s fake news law, also known as the Protection from Online Falsehoods and Manipulation Act 2019. The correction notice was embedded at the bottom of the original post. (Source: BBC / 30 November 2019)
Nov 26 2019 |
Legal NewsAn Australian grandmother who was arrested in December 2014 while in transit at Kuala Lumpur airport with 1.1kg of crystal methamphetamine stitched into the compartment of a backpack she was carrying will be freed after the Federal Court overturned her death penalty and ordered her released. (Source: The Sun Daily / 26 November 2019)
Nov 26 2019 |
Legal NewsThe Federal Court has ruled that the housing controller has no power to grant an extension of time (EOT) to developers to complete their property development projects on the grounds that that Regulation 11 (3) of the Housing Development (Control and Licensing) Regulations 1989 which confers power on the controller to waive and modify the terms and conditions of the contract of sale between purchasers and the developer was ultra vires the Housing Development (Control and Licensing) Act 1966. (Source: The Star / 26 November 2019)
Nov 26 2019 |
Legal NewsTransport for London (TfL) has denied a new licence to Uber to operate in London after repeated safety failures and that the taxi app was not "fit and proper" as a licence holder, despite having made a number of positive changes to its operations. (Source: The Sun Daily / 26 November 2019)
Nov 25 2019 |
Legal NewsThe Poisons (Amendment) Bill 2019, which was tabled for the first reading in the Dewan Rakyat by the Health Ministry allows for the planting of psychoactive plants like ketum for research purpose only and requires a letter of authorisation issued by the Health Minister. (Source: The Sun Daily / 25 November 2019)
Nov 23 2019 |
Legal NewsThe Kuala Lumpur High Court has ruled that the death of Dutch model, Ivana Esther Robert Smit, was caused by “persons known or unknown”, and overturned a coroner’s ruling that the death was due to misadventure or accident, as there was insufficient investigation done on the possibility of death by homicide. (Source: The Star / 23 November 2019)
Nov 22 2019 |
Legal NewsSarawak has filed writ of summons and statement of claim against the national oil corporation, Petronas for not paying the 5% state sales tax on petroleum products. (Source: The Star / 22 November 2019)
Nov 20 2019 |
Legal NewsIn a proposed class action filed in the US, Burger King is being sued for cooking its plant-based patties on the same grills it uses for meat. (Source: BBC / 20 November 2019)
Nov 20 2019 |
Legal NewsJuul Labs, the biggest vaping firm in the US, has been hit with a lawsuit by the state of New York accusing the firm of misrepresenting the safety of its products and targeting teens in advertisements. (Source: BBC / 20 November 2019)
Nov 19 2019 |
Legal NewsThe Federal Court ruled that Prime Minister or any other Minister are public officers within Section 5 of the Government Proceedings Act 1956, and further held that former Prime Minister Datuk Seri Najib Abdul Razak was a public officer and could be sued for alleged misfeasance in public office. (Source: The Sun Daily / 19 November 2019)
Nov 19 2019 |
Legal NewsMalaysian government will replace the arts and science streams for Form Four with STREAM (Science, Technology, Reading, Arts, Music) education next year. (Source: New Straits Times / 19 November 2019)
Nov 15 2019 |
Legal NewsA lawyer who sought SGD7.6 million from a taxi driver for a whiplash injury from an accident that disrupted her career plans has dropped the lawsuit, having resolved the case amicably at mediation before Justice Tan Lee Meng on terms which remain confidential. (Source: BBC / 15 November 2019)
Nov 15 2019 |
Legal NewsIndia's Supreme Court has agreed to review its landmark judgement allowing women of menstruating age to enter a controversial Hindu shrine as it led to massive protests in the state. Women who tried to enter the shrine were either sent back or, in some cases, even assaulted. (Source: BBC / 15 November 2019)
Nov 15 2019 |
Legal NewsAmazon has filed an intention to appeal the US Department of Defense's decision to give the Pentagon contract worth USD10 billion (over the next 10 years) to Microsoft. The Company claimed the decision was made due to political pressure. (Source: BBC / 15 November 2019)
Nov 10 2019 |
Legal NewsThe Royal Malaysian Customs Department (RMCD) has published a guideline, ironing out what falls under the new Service Tax on Digital Services’ scope. Service tax shall be charged and levied on any digital service provided by a foreign-registered person (FRP) to any consumer in Malaysia. Digital service has the meaning assigned to it under Section 2 of the Service Tax Act 2018 (STA). The rate is 6.0 per cent. (Source: Bernama / 10 November 2019)
Nov 09 2019 |
Legal NewsAn enactment to control and prohibit the spread of other religions to Muslims is being drafted by the state government. The committee agreed with the proposal, and the state Syariah prosecution department will review the drafted enactment and make improvement. (Source: The Star / 9 November 2019)
Nov 06 2019 |
Legal NewsThe Federal Court’s five-member panel upheld the death sentence of a former cook for murdering a student by stabbing her in the front neck four years ago after it has found that it was Syarafi Abu that had caused the fatal injury on Nur Syuhada Johari. (Source: The Sun Daily / 6 November 2019)
Nov 05 2019 |
Legal NewsBIKE-HAILING companies such as Indonesia’s Gojek and local start-up Dego Ride will be allowed to start operations under a pilot project from January 2020. The said companies would be allowed to offer rides under a six-month Proof of Concept (POC) pilot project to assess the system while awaiting laws to regulate bike-hailing. (Source: The Star / 5 November 2019)
Nov 05 2019 |
Legal NewsFacebook is introducing new branding for its products and services in an attempt to distinguish the company from its familiar app and website. The main Facebook app and website will retain its familiar blue branding. (Source: BBC / 5 November 2019)
Nov 05 2019 |
Legal NewsIn the latest and toughest measure to address the public safety concerns surrounding the usage of electric scooters, Singapore has banned its use on footpaths. Riders can use them only on park connectors and cycling paths or face fines, jail. (Source: The Straits Times / 5 November 2019)
Nov 04 2019 |
Legal NewsAlthough the Inland Revenue Board of Malaysia (LHDN) has implemented various approaches to providing public awareness on taxation issues, the National tax seminars (SPK) is still relevant and is still regarded as the best medium to obtain information on taxation issues. (Source: Bernama / 4 November 2019)
Oct 30 2019 |
Legal NewsThe Federal Court of Malaya has postponed the hearing of an appeal by the now-defunct Utusan Melayu (M) Berhad and its former journalist in a defamation lawsuit filed against them by veteran lawyer Manjeet Singh Dhillon. Lawyer Tan Sri Muhammad Shafee Abdullah sought an adjournment of the appeal hearing as Utusan Melayu has been placed under creditors’ voluntary liquidation with an interim liquidator being appointed. (Source: The Sun Daily / 30 October 2019)
Oct 29 2019 |
Legal NewsA new committee led by the Youth and Sports Ministry, with the participation of representatives of the Home Ministry and Chief Secretary to the Government Tan Sri Ismail Bakar, has been formed to speed up the process of decriminalising drug addiction. (Source: The Sun Daily / 29 October 2019)
Oct 29 2019 |
Legal NewsThe High Court of Kuala Lumpur has dismissed a bid by seven individuals to challenge the Health Ministry’s smoking ban at food outlets, enforced since 1 January 2019. The application was dismissed on grounds that the Health Ministry had acted within its jurisdiction and that the enforcement of the smoking ban did not breach Articles 5 and 8 of the Federal Constitution. (Source: The Sun Daily / 29 October 2019)
Oct 29 2019 |
Legal NewsMotorists who drive dangerously in Singapore will face harsher penalties from next month under changes made to the Singapore’s Road Traffic Act whereby repeat offenders who drive dangerously and cause death will face a maximum of 15 years in jail, compared with the current penalty of up to five years' jail. (Source: Straits Times / 29 October 2019)
Oct 25 2019 |
Legal NewsThe Penang High Court dismissed a defamation suit filed by Finance Minister Lim Guan Eng against former Gerakan chief Jason Loo Jieh Sheng and two others, over an article on the sale of land at Lebuhraya Peel to a private hospital as the claim made by Lim as a plaintiff, had failed to prove the defamation statement by Jason as the first defendant, which was published by the two other defendants, namely The China Press Bhd and Guang Ming Ribao. (Source: New Straits Times / 25 October 2019)
Oct 22 2019 |
Legal NewsThe Ministry of Transport is in the process of developing a legal framework and terms for ‘’bike e-hailing’’ or motorcycle taxi services to facilitate the government in regulating the service to ensure that licensing terms and conditions were in line with regulations enforced on e-hailing services. (Source: The Sun Daily / 22 October 2019)
Oct 22 2019 |
Legal NewsThe government will regulate the gig economy in the country to ensure the welfare of workers in the sector is protected, since the nation has noted that currently those employed under the gig economy do not enjoy the benefits and protections of other permanent workers, and they could be mistreated and abused by employers. (Source: The Sun Daily / 22 October 2019)
Oct 21 2019 |
Legal NewsThe judiciary is studying the proposal to use the results of polygraph tests as evidence in court. This amendment was necessary as the proposal would involve amendments to be made to the law to allow the results to be used as evidence in court. (Source: The Sun Daily / 21 October 2019)
Oct 21 2019 |
Legal NewsHabeas corpus applications will be filed to seek the release of five men detained under the Security Offences (Special Measures) Act over their alleged links to the Liberation Tigers of Tamil Eelam (LTTE) would be filed at the Kuala Lumpur Court. Habeas corpus is a writ requiring a person under arrest to be brought before a judge or into court, mainly to secure the person’s release unless lawful grounds are shown for their detention. (Source: The Star / 21 October 2019)
Oct 20 2019 |
Legal NewsThe government will be imposing a new additional condition on foreign companies to get the support from their own government before exporting the plastic to Malaysia next year. (Source: The Star / 20 October 2019)
Oct 18 2019 |
Legal NewsTwo Sarawakian researchers have developed a technology using artificial intelligence that uses algorithms and machine learning techniques to detect abnormalities in stress echocardiograms (AI) to provide early detection of heart disease. (Source: The Star / 18 October 2019)
Oct 16 2019 |
Legal NewsMalaysia is looking to accelerate the country’s journey towards becoming a digital economy, with several initiatives being announced including making the country a global test bed for emerging technologies and innovation. The digital economy, which had been growing faster than the overall economy, was key to building income for the people. (Source: New Straits Times / 16 October 2019)
Oct 16 2019 |
Legal NewsThe Election Commission (EC) is expected to have the infrastructure and system ready to implement the new ruling for automatic voter registration which includes making Malaysians eligible to vote from the age of 18 before the next general election. (Source: The Star / 16 October 2019)
Oct 15 2019 |
Legal NewsAccording to the Dewan Rakyat order papers posted on the Parliament website, measures taken by the government to manage the increase in suicide attempts in the country and contribution of the catering industry to the country are expected to be the focus at the Dewan Rakyat sitting. (Source: The Sun Daily / 15 October 2019)
Oct 11 2019 |
Legal NewsFollowing are the highlights of the Budget 2020 that was tabled in Dewan Rakyat by the Ministry of Finance and was themed, "Driving Growth And Equitable Outcomes Towards Shared Prosperity". (Source: Bernama / 11 October 2019)
Oct 10 2019 |
Legal NewsAfter two days of debates and resistance by the Opposition, the Bill to repeal the Anti-Fake News Act was passed after bloc voting of where 92 MPs voted for the law to be abolished and 51votes were against it. The Bill was tabled for the second time on Monday after a cooling-off period of one year under Article 68 of the Federal Constitution was over. (Source: The Star / 10 October 2019)
Oct 09 2019 |
Legal NewsEmployees of Utusan Melayu (Malaysia) Berhad were told to pack up their belongings and leave the office by 1pm on Wednesday (Oct 9) as the cash-strapped company officially ceases operations. Poor cash flow, mounting debts and declining sales led to its board of directors in approving the Creditor's Voluntary Liquidation proposal and appointing UHY Advisory (KL) Sdn Bhd as interim liquidator. (Source: The Star / 9 October 2019)
Oct 09 2019 |
Legal NewsThe proposed Bill for National Anti-Financial Crime Centre (NAFCC) to coordinate probes and manage centralised data on financial crime will have no investigative powers. The setting up of the NAFCC would streamline probes into financial crimes committed locally and abroad by enforcement agencies. (Source: The Star / 9 October 2019)
Oct 08 2019 |
Legal NewsUnder the proposed Currency Bill 2019 that was tabled in Dewan Rakyat recently, any person issuing, printing or minting any note, coin, token, document or instrument which is likely to pass as legal tender commits an offence and shall, on conviction, be liable to a fine not exceeding MYR50 million or imprisonment not exceeding 10 years or both. (Source: The Sun Daily / 8 October 2019)
Oct 08 2019 |
Legal NewsThe High Court in Singapore will be restructured into the General Division of the High Court and the Appellate Division. A new Appellate Division of the High Court will hear all civil appeals not allocated to the Court of Appeal under a proposed restructuring of the Supreme Court. The new division, to be staffed by newly designated Judges of the Appellate Division, will have no criminal jurisdiction. (Source: The Straits Times / 8 October 2019)
Oct 04 2019 |
Legal NewsE-hailing company Grab has been slapped with a proposed fine of MYR86.7 million by the Malaysia Competition Commission (MyCC) for collectively breaching Section 10 of the Competition Act 2010. According to MyCC, Grab abused its dominant position by imposing a number of restrictive clauses on its drivers that prevented them from promoting and providing advertising services for Grab’s competitors in the e-hailing and transit media advertising market. (Source: The Star / 4 October 2019)
Oct 02 2019 |
Legal NewsA US federal judge has temporarily blocked a strict new abortion law in the state of Georgia that would have banned terminations as early as six weeks into pregnancy and it was scheduled to come into effect on 1 January.2020. (Source: BBC / 2 October 2019)
Oct 01 2019 |
Legal NewsA UK High Court judge has ruled an email sent by a lawyer which sets out terms, including a sale price GBP25, 000 lower than the original asking price, which the other lawyer accepted as legally binding as it includes his automated signature at the bottom of the email - although not added deliberately by him - served as a signature. (Source: BBC / 1 October 2019)
Sep 30 2019 |
Legal NewsA new operation guideline on the procedure for the submission of Amended Return Form (BNT) has been uploaded into the Inland Revenue Board official portal. It allows tax payers to make their own amendment on the information or assessment in Return Form (BN) and Petroleum Return Form (BNP) submitted together with BNT. The said document can be accessed and downloaded via www.hasil.gov.my . (Source: The Sun Daily / 30 September 2019)
Sep 27 2019 |
Legal NewsPerbadanan PR1MA Malaysia (PR1MA) has renewed partnership agreements worth MYR3.29 billion with 17 development partners to reaffirm its commitment to deliver affordable quality homes to the rakyat. The renewed agreement outlines an improved business model that will enable PR1MA and the developers to more effectively deliver on the mandate to provide affordable housing for the rakyat, in line with the government’s national housing agenda. (Source: The Star / 27 September 2019)
Sep 25 2019 |
Legal NewsThe government is formulating a new Act applicable to the local music industry. It will be similar to the Finas Act, addressing issues like promotion, nourishment and facilitation of the development of the Malaysian film industry. (Source: The Sun Daily / 25 September 2019)
Sep 24 2019 |
Legal NewsThe EU’s top court has ruled in favor of Google in a dispute from Google and a French privacy regulator when it stated that Google does not have to apply the right to be forgotten globally, and the firm only needs to remove links from its search results in Europe - and not elsewhere - after receiving an appropriate request. (Source: BBC / 24 September 2019)
Sep 24 2019 |
Legal NewsThe move to table the Political Funding Bill that will require political parties to reveal their source of funds has mostly received a positive reaction from politicians and think tanks,. However, many, especially MPs are still in the dark on the details of the proposed law. (Source: The Star / 24 September 2019)
Sep 23 2019 |
Legal NewsA study on the content, approach and scope of the special act for senior citizens in Malaysia will be carried out and is expected to be tabled in Parliament in 2021. There is a need for a legislation to protect the rights of the elderly due to the increasing number of neglect and abuse cases of the same in Malaysia. (Source: New Straits Times / 23 September 2019)
Sep 22 2019 |
Legal NewsThe Malaysian Anti-Corruption Commission (MACC) is amending some provisions in its law, scheduled to be tabled in Parliament before the year ends, to further improve the agency and give it more clout to combat corruption more effectively. The amendments will include, among others, provisions in Section 36 of the MACC Act 2009 to allow investigation to be conducted directly on individuals who are found to be living beyond their income. (Source: The Sun Daily / 22 September 2019)
Sep 19 2019 |
Legal NewsThe working paper on the Rahmatan Lil Alamin concept will be presented to the cabinet meeting and expected to be adopted as a new government policy once it is approved by the Cabinet. The ‘Rahmatan lil Alamin’ concept, which means Mercy to all Creations, has been approved by the Rulers’ Council and the Islamic National Council for Islamic Religious Affairs Malaysia. (Source: The Sun Daily / 19 September 2019)
Sep 19 2019 |
Legal NewsMalaysia has launched the new Foreign Policy Framework that will serve as a definitive guide for Wisma Putra’s foreign policy direction after a “thorough and comprehensive” reviews and assessments as well as consultations with various stakeholders. (Source: The Star / 19 September 2019)
Sep 18 2019 |
Legal NewsThe Political Funding Bill and the Bill on Establishment of an Ombudsman are among the new laws and regulations mooted to complement initiatives to make Malaysia corruption-free are set to be tabled in the Parliament of Malaysia soon. (Source: The Star / 18 September 2019)
Sep 14 2019 |
Legal NewsSatire is not covered by the new Singapore’s Protection from Online Falsehoods and Manipulation Act (Pofma) to tackle online falsehoods. Only false statements which objectively would be seen as statements of fact can be caught under Pofma. (Source: The Straits Times / 14 September 2019)
Sep 13 2019 |
Legal NewsBank Simpanan Negara (BSN) has launched the ‘G-Card Visa’, a credit card specifically for civil servants. It is a collaborative effort between BSN and the Malaysian Government Servants Welfare and Sports Council (MAKSAK), the initiative features banking charges of 8.88 per cent per year, the lowest compared to charges of other credit cards in the market which are as high as 18 per cent per year. (Source: Bernama / 13 September 2019)
Sep 12 2019 |
Legal NewsThe America’s Food and Drug Administration (FDA) will finalise a policy that is planning to ban the sale of flavored e-cigarettes that would clear the market of unauthorised, non-tobacco-flavored e-cigarette products after an outbreak of vaping-related lung diseases sickened over 450 and killed at least six people in the country. (Source: Bernama / 12 September 2019)
Sep 12 2019 |
Legal NewsIn a four-to-one majority, the Federal Court dismissed an application by a group of Sarawakians to review a 2016 decision over native customary land rights. The Court ruled in favour of the Sarawak government and provisional leaseholder on grounds that the review application was more of an appeal rather than a judicial review. (Source: The Star / 12 September 2019)
Sep 10 2019 |
Legal NewsChina’s Huawei Technologies Co Ltd has dropped a lawsuit against the Commerce Department and other US government agencies for seizing its equipment in Alaska in 2017 en route back to China after a lab test in California. The suit was dropped following to the release of the telecommunications equipment Washington had seized on suspicion of violations of export controls, according to a court filing on Monday. (Source: The Sun Daily / 10 September 2019)
Sep 10 2019 |
Legal NewsVirginia couple is challenging the law in the US state of Virginia that requires couples to declare their racial background from a long list of options before getting married. The suit, filed by lawyer Victor M Glasberg on behalf of three couples, describes the statute as "unconstitutional" and "reflective of a racist past". (Source: BBC / 10 September 2019)
Sep 09 2019 |
Legal NewsAccording to the Inland Revenue Board of Malaysia (IRB)’s new guidelines effective 5 September 2019, donors who contributed MYR10,000 and above will be required to submit their details to IRB following to the recommendation of the Finance Minister to prevent their approval status from being cancelled due to non-compliance of any requirements. (Source: New Straits Times / 9 September 2019)
Sep 05 2019 |
Legal NewsThe state government will set up a Department of Women to help increase the participation of Pahang women in development programmes especially in rural areas. The department would basically involves 11 positions and would work with a newly formed non-governmental organisation (NGO) called Pahang Women’s Council. (Source: The Sun Daily / 5 September 2019)
Sep 05 2019 |
Legal NewsMagistrates in France have dropped manslaughter charges brought by victims' relatives against Air France and Airbus over a mid-Atlantic plane crash in 2009 that killed all 228 people on board as there were not enough grounds to prosecute. (Source: BBC / 5 September 2019)
Sep 05 2019 |
Legal NewsA Texas couple, Guillermo and Jessica Garcia, who were injured in a mass shooting at a Walmart store in El Paso last month has filed a lawsuit against the corporation alleging it did not have adequate security in place to prevent the attack that killed 22 people. (Source: The Straits Times / 5 September 2019)
Sep 04 2019 |
Legal NewsSingapore has passed new law in its Parliament, imposing a mandatory insurance for work-related injuries that will provide higher maximum payouts and cover around 300,000 more workers. Employees placed on light duties owing to work injuries will also receive medical leave wages for up to two weeks, while companies with poor safety records may face higher insurance premiums when more information is available to insurers. (Source: The Straits Times / 4 September 2019)
Sep 03 2019 |
Legal NewsSingapore has passed two Bills on streamlining the process of recognising and enforcing foreign judgments in civil cases. One Bill involves amending the Reciprocal Enforcement of Foreign Judgments Act (Refja) to encompass the registration and enforcement of all such judgments and the other repeals the Reciprocal Enforcement of Commonwealth Judgments Act. (Source: The Straits Times / 3 September 2019)
Aug 29 2019 |
Legal NewsThe Court of Appeal dismissed an appeal by Prime Minister Tun Dr Mahathir Mohamad to reinstate his lawsuit in which he seeks a declaration to invalidate a Royal Commission of Inquiry (RCI) report into foreign exchange losses suffered by Bank Negara Malaysia (BNM) in the 1990s and further held that the findings of the RCI were not subjected to challenge. (Source: The Star / 29 August 2019)
Aug 27 2019 |
Legal NewsThe High Court of Malaya dismissed an application by Sisters In Islam (SIS) Forum (Malaysia) challenging Selangor Fatwa Committee's decision declaring the organisation as deviant, ruling that fatwa (edict) is the exclusive jurisdiction of the Syariah Court. The Court further ruled that the civil court has no jurisdiction to hear the judicial review application brought by SIS and its founder Zainah Mahfoozah Anwar and former minister in the Prime Minister’s Department Datuk Mohd Zaid Ibrahim, pursuant to Article 121A of the Federal Constitution. (Source: NST / 27 August 2019)
Aug 27 2019 |
Legal NewsSingapore has imposed stricter rules governing the use, collection and disclosure of the NRIC and other national identification numbers. Singapore’s Personal Data Protection Commission (PDPC) stated that unless required by law, it will be illegal for organisations to physically hold on to an individual's NRIC and collect its full number. This applies to birth certificate numbers, foreign identification numbers and work permit numbers as well. (Source: The Straits Times / 27 August 2019)
Aug 27 2019 |
Legal NewsDrugmaker Johnson & Johnson will finally be held accountable for thousands of deaths and addictions, after a judge in Oklahoma ruled out that it must pay USD572 million for its part in fuelling Oklahoma's opioid addiction crisis. (Source: BBC / 27 August 2019)
Aug 24 2019 |
Legal NewsThe Singapore High Court ruled out that a maintenance company is wholly responsible for injuries suffered by a worker who fell from a 7meter high fireman's ladder while cleaning and waterproofing a ventilation duct, who has suffered a spinal fracture and became a paraplegic. (Source: The Straits Times / 24 August 2019)
Aug 21 2019 |
Legal NewsIn the first ruling of its kind, the Mexico City Court has granted two people the right to recreational cocaine use which allow the claimants to "possess, transport and use cocaine" but not sell it. The ruling will only come into effect if a panel of judges side with the original decision. If they do approve the ruling, it will only apply to the two people who brought the cases. (Source: BBC / 21 August 2019)
Aug 20 2019 |
Legal NewsTwitter and Facebook have taken steps to block what they described as a state-backed Chinese misinformation campaign to “sow political discord in Hong Kong”. Twitter said he accounts originated in mainland China and were part of a coordinated attempt to undermine the “legitimacy and political positions of the protest movement”. Facebook on the other hand, removed "seven Pages, three Groups and five Facebook accounts.” (Source: BBC / 20 August 2019)
Aug 19 2019 |
Legal NewsMental assessment of those charged with criminal offences in Malaysia can only be done at four approved psychiatric hospitals under the Mental Health Act 2001 to admit and detain individuals under Sections 342, 344 and 348 of the Criminal Procedure Code (CPC). The hospitals are, Hospital Bahagia Ulu Kinta (HBUK) in Perak, Hospital Permai (Johor), Hospital Mesra Bukit Padang (Sabah) and Hospital Sentosa (Sarawak). (Source: NST / 19 August 2019)
Aug 19 2019 |
Legal NewsSabah is setting up Malaysia’s first Digital and Artificial Intelligence Legal Aid Centre to provide free legal advice to the public. The centre will open its doors at the Grand Merdeka Shopping Mall in Telipok, about 21km from the state capital, in November. (Source: The Star / 19 August 2019)
Aug 18 2019 |
Legal NewsSingapore will raise the retirement age in the public service to 65 from the current 62 in 2021 and the re-employment age also to be increased to 70 from 67. (Source: Bernama / 18 August 2019)
Aug 16 2019 |
Legal NewsABC talk show Jimmy Kimmel Live! has been fined USD395,000 for breach of broadcasting rules, mimicking a presidential emergency alert tone on the programme and mocking the warning system (‘the system’). The system was designed to warn of major threats such as missile attacks, natural disasters and acts of terrorism, run by the Federal Emergency Management Agency (Fema). (Source: BBC / 16 August 2019)
Aug 15 2019 |
Legal NewsThe High Court of Kuala Lumpur has awarded another half a million in exemplary damages to The Edge Communications Sdn Bhd in addition to a RMYR11.2 million in compensatory damages for loss of revenue due to the three-month suspension of its two publications by the Home Ministry in 2015. (Source: The Star / 15 August 2019)
Aug 14 2019 |
Legal NewsA High Court Judge in England as ended an "extraordinary" court battle between two stepsisters, Ms Winter and Ms Cutler, in a dispute over their late parents’ GBP300,000 assets by ruling out that Ms Cutler should receive the whole estate under the doctrine of “presumption” envisage in the England Law of Property Act 1925. (Source: BBC / 14 August 2019)
Aug 12 2019 |
Legal NewsA Singapore district judge has dismissed damages sought by two residents for negligence of a condominium management corporation (MC) for damage caused to cars parked on its grounds overnight when stormy weather uprooted a tree in the estate as they failed to show that the MC of Pandan Valley condominium breached its duty of care. (Source: Straits Times / 12 August 2019)
Aug 12 2019 |
Legal NewsThe Singapore High Court has held that the owner of a SGD14 million Sentosa Cove waterfront villa that had numerous defects, including water seepage and two lifts that did not comply with safety regulations, is entitled to claim damages from the developer. However, the quantum of damages that he can recover has been reduced by the Court due to the home owner's "unreasonable" actions, in denying access to the developer to fix the defects. (Source: Straits Times / 12 August 2019)
Aug 08 2019 |
Legal NewsThe Health Ministry plans to introduce a new Act looking at all new products in the market at present that come under its preview, as part of its comprehensive review of the Tobacco Act. (Source: The Sun Daily / 8 August 2019)
Aug 07 2019 |
Legal NewsParliament of Singapore passed Bil for new science and technology agency, the Home Team Science and Technology Agency, which has been tasked with developing cutting-edge capabilities for security or life-saving operations, will be known as HTX for short, with "X" symbolising its role as a force multiplier. (Source: The Straits Times / 7 August 2019)
Aug 06 2019 |
Legal NewsA bill on amendments to the Shariah Criminal Offences Enactment 1995 which will come into force on 9 September this year has been passed by the Sabah State Legislative Assembly. The amendments intended to insert the definitions of Islam and Ahli Sunnah Waljamaah, and also to include whipping as a punishment for those found guilty of spreading and/or performing any acts that are against the true teachings of Islam. (Source: The Sun Daily / 6 August 2019)
Aug 06 2019 |
Legal NewsThe Law Ministry (MinLaw) of Singapore has tabled two bills to streamline reciprocal enforcement of foreign judgment, namely the Reciprocal Enforcement of Foreign Judgments (Refja) (Amendment) Bill and the Reciprocal Enforcement of Commonwealth Judgments (Recja) (Repeal) Bill as part of Singapore's policy reforms to get more judgments in Singapore to be recognised and enforced overseas. (Source: The Straits Times / 6 August 2019)
Aug 03 2019 |
Legal NewsThe Singapore High Court set out sentencing framework to clarify and guide maid abuse cases when they throw out an appeal of a man found guilty of maid abuse and had his sentence extended by 15 months. (Source: Singapore Law Watch / 3 August 2019)
Aug 02 2019 |
Legal NewsUnder the new rule announce recently, women over the age of 21 in Saudi Arabia can apply for a passport without authorization from a male guardian thus, allowing them to travel abroad without a male guardian's permission. (Source: BBC / 2 August 2019)
Jul 31 2019 |
Legal NewsDewan Negara today approved the Syarie Legal Profession (Federal Territories) Bill 2019 aimed at setting up a Syarie Legal Profession Qualification Board to supervise the syarie legal profession’s practice in the Federal Territories. (Source: Bernama / 31 July 2019)
Jul 30 2019 |
Legal NewsIndia's parliament has approved a bill that makes the Muslim practice of "instant divorce" a criminal offence and men found in breach of the new law can be jailed for up to three years. (Source: BBC / 30 July 2019)
Jul 28 2019 |
Legal NewsGenting Malaysia Bhd and Twentieth Century Fox has reached a full resolution via a restated memorandum of agreement, which granted Genting the use of certain Fox intellectual properties (IP). The restated agreement contains less attractive terms for Genting, compared with the original agreement since it is only allowed to utilise certain Fox IP and the theme park would have to blend in non-Fox IP. (Source: The Sun Daily / 28 July 2019)
Jul 25 2019 |
Legal NewsOnly ten days after the Constitution (Amendment) Bill 2019 to lower the voting age was passed at the Dewan Rakyat, Dewan Negara has approved the motion with a two-thirds majority which will give way to Malaysians aged 18 to be eligible to vote, as opposed to 21 before this, and being automatically registered as voters when they turn 18. (Source: The Star / 25 July 2019)
Jul 24 2019 |
Legal NewsThe Youth Societies and Youth Development (Amendment) Bill 2019 was approved by the Senate which seeks to, among others, reduce the age cap for the definition of youth from 40 to 30, which aimed at ensuring youth development was in line with the Malaysian Youth Policy as well as existing government policies in strengthening the roles and responsibilities of youth in the country. (Source: The Sun Daily / 24 July 2019)
Jul 24 2019 |
Legal NewsThe Dewan Negara has passed the Peaceful Assembly (Amendment) Bill 2019 which sought to make street protests no longer an offence by making amendment to the Peaceful Assembly Act 2012 to give more space for freedom of speech and peaceful assembly in line with Article 10 of the Federal Constitution. (Source: The Sun Daily / 24 July 2019)
Jul 23 2019 |
Legal NewsThe Dewan Negara has passed three bills as of to date; Trademarks Bill 2019, Trade Descriptions (Amendment) Bill 2019 and Consumer Protection (Amendment) Bill 2019 tabled by the Ministry of Domestic Trade and Consumer Affairs. (Source: The Sun Daily / 23 July 2019)
Jul 23 2019 |
Legal NewsThe Dewan Negara has passed three bills as of to date; Trademarks Bill 2019, Trade Descriptions (Amendment) Bill 2019 and Consumer Protection (Amendment) Bill 2019 tabled by the Ministry of Domestic Trade and Consumer Affairs. (Source: The Sun Daily / 23 July 2019)
Jul 22 2019 |
Legal NewsThe Securities Commission Malaysia (SC) has required listed companies to put in place anti-corruption measures, among other recommendations, as part of its plan in support of the National Anti-Corruption Plan (2019-2023) (NACP) to strengthen the standards of corporate governance to prevent corruption, misconduct and fraud. (Source: The Sun Daily / 22 July 2019)
Jul 18 2019 |
Legal NewsThe Revision of Laws (Amendment) Bill 2019 which will allow the Commissioner of Law Revision authorised under the Revision of Laws Act 1968 to make any changes in any written law, was approved by the Dewan Rakyat. (Source: The Sun Daily / 18 July 2019)
Jul 17 2019 |
Legal NewsThe Parliament today passed the motion of the proposed redelineation of electoral boundaries in Sabah, which involves adding 13 state seats. (Source: The Sun Daily / 17 July 2019)
Jul 16 2019 |
Legal NewsThe Dewan Rakyat has passed the Constitution (Amendment) Bill 2019 to lower the voting age to 18 with a total of 211 votes in Parliament on 16 July 2019. (Source: The Star / 16 July 2109)
Jul 15 2019 |
Legal NewsThe Dewan Rakyat has passed the Syarie Legal Profession (Federal Territories) Bill 2019, aimed at establishing the Syarie Legal Profession Qualifying Board, Syariah Lawyers’ Body and the Federal Territories Syarie Lawyers Council to ensure professional practices, behaviour and code of conduct. (Source: New Straits Times / 15 July 2019)
Jul 15 2019 |
Legal NewsUnder the proposals in the Currency Bill 2019 (“the Bill”), business entities intending to issue local cryptocurrencies in Malaysia may run foul of the law and face a MYR50mil fine. The Bill was tabled to ensure that Bank Negara remains the sole authority over the Malaysian currency. (Source: The Star / 15 July 2109)
Jul 11 2019 |
Legal NewsThe bill proposed to amend paragraph (b) of Article 47 of the Federal Constitution to lower the age of a citizen who is qualified to be a Member of the House of Representatives from 21 years to 18 years was retabled for first reading in the Dewan Rakyat. (Source: Bernama / 11 July 2019)
Jul 10 2019 |
Legal NewsThe Companies (Amendment) Bill 2019 aimed at clarifying several provisions in the Companies Act 2016 (Act 777) was passed by the Dewan Rakyat with amendments to enable policies relating to companies to be implemented more effectively and in a structured manner. (Source: The Sun Daily / 10 July 2019)
Jul 10 2019 |
Legal NewsThe Companies (Amendment) Bill 2019 aimed at clarifying several provisions in the Companies Act 2016 (Act 777) was passed by the Dewan Rakyat with amendments to enable policies relating to companies to be implemented more effectively and in a structured manner. (Source: The Sun Daily / 10 July 2019)
Jul 08 2019 |
Legal NewsThe Consumer Protection (Amendment) Bill 2019 (“the Act”) aimed at increasing the penalty on any party which fails to abide by an award made by the Consumer Claims Tribunal, was passed unanimously by Parliament. The amendments to the Act would indirectly compel businesses to treat consumers more fairly. (Source: The Sun Daily / 8 July 2019)
Jul 08 2019 |
Legal NewsThe word “mandatory” with regard to sentencing in drug trafficking cases will be removed from legislation to allow presiding judges the choice to either impose the death sentence or imprisonment of not less than 10 years. Under current laws (Section 39B, Dangerous Drugs Act 1952), an accused found guilty of trafficking a certain amount of drugs will be punished with the mandatory death sentence. (Source: The Sun Daily / 8 July 2019)
Jul 05 2019 |
Legal NewsThe High Court has granted a Hindu man, Vasu Muniandy, a 45-year-old civil servant from Banting, full custody of their four daughters and three sons, aged three to 17 after his wife embraced Islam last year and had sought guardianship of their children. (Source: The Sun Daily / 5 July 2019)
Jul 04 2019 |
Legal NewsThe Dewan Rakyat has passed the Peaceful Assembly Act (Amendment) 2019 Bill which set to decriminalise street protests that were originally an offence under the act. (Source: New Straits Times / 4 July 2019)
Jul 02 2019 |
Legal NewsThe Dewan Rakyat has passed the Trademarks Bill 2019 (“the Bill”) which would allow individuals or companies to register trademarks such as smell, sound, shape and colour. The expansion of the trademark protection scope to non-traditional marks was a necessity for the domestic and foreign trade sectors. (Source: The Sun Daily / 2 July 2019)
Jul 02 2019 |
Legal NewsThe High Court of Singapore (the “Court”) in dismissing an appeal by an HIV-positive Singaporean convicted of not informing a victim has ruled out that HIV-positive offenders are duty-bound to inform prospective sexual partners of the infection risk and not just disclose their HIV status. The Court also set a new sentencing framework to deal with such first-time offenders who may face jail terms of up to 10 years if their victims get infected. (Source: The Straits Times / 2 July 2019)
Jul 01 2019 |
Legal NewsThe Customs Department of Malaysia has started implemented sugar tax on 1 July 2019 to licensed importers of sweetened beverages in Malaysia. (Source: The Star / 1 July 2019)
Jun 28 2019 |
Legal NewsThe Kelantan government’s oil royalty suit against the federal government has been finally settled at the High Court after Kelantan filed a notice of discontinuance against the federal government to withdraw its suit which was initiated in 2010. (Source: The Sun Daily / 28 June 2019)
Jun 27 2019 |
Legal NewsInternational Trade and Industry (MITI) has introduced Trade and Industry Advisory Council (TIAC) which is set to forge policies, strategies and potential reforms of the country’s international trade, investment promotion and industry development. (Source: New Straits Times / 27 June 2019)
Jun 26 2019 |
Legal NewsThe Federal Court has dismissed an appeal against the decision of an election petition brought by Noor Hayaty Mustapha from Parti Warisan Sabah and ruled that Datuk Seri Musa Aman's son, Yamani Hafez Musa, can keep the Sipitang parliamentary seat. (Source: The Star / 26 June 2019)
Jun 23 2019 |
Legal NewsA Singapore District Judge rejected a 22-year-old man's bid to compel his wealthy mother to maintain him on the ground that the psychiatric condition that he suffered, which allowed him to defer national service, did not mean he could not work for his upkeep. (Source: The Straits Times / 23 June 2019)
Jun 23 2019 |
Legal NewsThe Universities and University Colleges (AUKU) Act 1971 and the Private Higher Educational Institutions Act 1996 (Act 555) are amongst other higher education related Acts that will be abolished and replaced by a new Act aimed at introducing more efficient and sustainable governance and financing structure to support academic freedom and autonomy in universities. (Source: New Straits Times / 23 June 2019)
Jun 22 2019 |
Legal NewsThe High Court has ruled that the Industrial Court had committed serious errors of law in arriving at its decision in October last year and quashed the award of over MYR1.2mil in backwages and compensation granted to a former managing director of Sime Darby Auto Selection Sdn Bhd. (Source: The Star / 22 June 2019)
Jun 21 2019 |
Legal NewsThe Federal Court was unanimous in its dismissal of the appeal by Fong Kong Meng and his wife Teoh Ching Yen and upheld the 20-year jail term imposed on them for causing the death of their Indonesian maid in 2011. (Source: The Star / 21 June 2019)
Jun 18 2019 |
Legal NewsThe Human Resources Ministry plans to extend the personal and family protection scheme through Social Security Organisation (Sosco) contributions to farmers, rubber smallholders and fishermen. It would also be compulsory for taxi, Grab and bus drivers to make Socso contributions, starting next month. (Source: New Straits Times / 18 June 2019)
Jun 15 2019 |
Legal NewsMalaysians travelling to New Zealand will soon need to pay for a travel document and levy to get into the country under the new New Zealand immigration requirement, which will be implemented from 1 October 2019. (Source: The Star / 15 June 2019)
Jun 14 2019 |
Legal NewsChina's Huawei Technologies Co Ltd is aiming to trademark its "Hongmeng" operating system (OS) to replace the U.S. Android OS in at least nine countries and Europe in process of deploying a back-up plan in key markets as U.S. sanctions threaten its business model. (Source: The Sun Daily / 14 June 2019)
Jun 12 2019 |
Legal NewsVietnam International Commercial Mediation Center (VICMC), an international commercial mediation centre launched in Hanoi under a license of the Vietnam’s Ministry of Justice and in cooperation agreement with law faculties of the nation. (Source: Global Legal Post / 12 June 2019)
Jun 11 2019 |
Legal NewsUnited Kingdom has declared a ban on adverts featuring "harmful gender stereotypes" or those which are likely to cause "serious or widespread offence". The ban covers scenarios such as a man with his feet up while a woman cleans, or a woman failing to park a car. (Source: BBC / 11 June 2019)
Jun 11 2019 |
Legal NewsBotswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision rejecting the laws that impose up to seven years in prison for same-sex relationships on the grounds of unconstitutionality. (Source: BBC / 11 June 2019)
Jun 11 2019 |
Legal NewsNational carrier Singapore Airlines (SIA), which had obtained a default judgment against a United States-based firm that failed to pay for a USD6.5 million second-hand Boeing 777-212 plane will have to make its case in court again following a High Court decision to set aside SIA's default win after the buyer, CSDS Aircraft Sales & Leasing argued that SIA was procedurally wrong to enforce the sales deal in court and later treat the deal as cancelled for non-payment and seek damages instead. (Source: Straits Times / 11 June 2019)
Jun 09 2019 |
Legal NewsBursa Malaysia Securities Bhd has publicly reprimanded CSL and two of its directors for committing financial reporting breaches, corporate governance breaches, foreign listing requirements breaches, non-compliance with Bursa Malaysia Securities’ directives and disclosure breaches and were imposed total fines of MYR5.38 million as at to date. (Source: The Sun Daily / 9 June 2019)
Jun 09 2019 |
Legal NewsThe High Court of Australia ruled a sperm donor is the father of an 11-year-old girl because it was understood he would be involved in her life and that he had the legal status of a parent of the said child. (Source: BBC / 9 June 2019)
Jun 06 2019 |
Legal NewsHong Kong's top court has ruled in favour of Angus Leung, a local immigration officer, applying for spousal and tax benefits for his husband, Scott Adams. The couple sued the government after they got married in New Zealand and was unable to access the benefits civil servants' spouses are entitled to in Hong Kong. (Source: BBC / 6 June 2019)
Jun 03 2019 |
Legal NewsAll applicants for US visas will have to submit social media names and five years' worth of email addresses and phone numbers under the newly adopted rules, The State Department regulations. (Source: BBC / 3 June 2019)
Jun 03 2019 |
Legal NewsThe Attorney-General’s Chambers has all the rights to ask the Housing and Local Government Ministry to remove its legal counsel appointed, Syazlin Mansor from the inquest into the death of firefighter Muhammad Adib Mohd Kassim as there is an appearance of conflict of interest towards this case according to The Malaysian Bar. (Source: The Sun Daily / 3 June 2019)
Jun 01 2019 |
Legal NewsAmendments to Parliament’s Standing Orders are underway to allow live coverage of Public Accounts Committee (PAC) hearings in a move towards having a more transparent Parliament. (Source: New Straits Times / 1 June 2019)
May 31 2019 |
Legal NewsSweden has introduced ‘The Beer Contract’, a legally binding contract that allows friends to take each other to court for cancelling or rearranging a planned beer. Failing to meet a friend for a beer will cost EUR50 for breach of contract. (Source: Global Legal Post / 31 May 2019)
May 29 2019 |
Legal NewsUS state of Oklahoma is suing Johnson & Johnson, one of the world's largest drug manufacturers for deceptively marketing painkillers and downplaying addiction risks, fueling a so-called "opioid epidemic". (Source: BBC / 29 May 2019)
May 29 2019 |
Legal NewsChinese tech giant, Huawei has filed a legal motion for a summary judgment in its case, challenging the constitutionality of Section 889 of the National Defence Authorisation Act (NDAA), which prohibits American government agencies and their contractors from buying Huawei’s equipment and services. (Source: Straits Times / 29 May 2019)
May 28 2019 |
Legal NewsThe Singapore Court of Appeal dismissed two appeals by a Malaysian, Nagaenthran K Dharmalingam, who was convicted and on death row for nine years for importing 42.72g of heroin into Singapore a year before. (Source: Singapore Law Watch / 28 May 2019)
May 27 2019 |
Legal NewsThe Federal Court will rehear an appeal by the National Registration Department (NRD) and two others on whether a Muslim child conceived out of wedlock can bear his or her father's surname after the Court of Appeal held that a fatwa had no force of law and could not form the legal basis for the NRD director-general to decide on the surname of an illegitimate child under section 13A (2) of the Births and Deaths Registration Act 1957 (BDRA). (Source: The Star / 27 May 2019)
May 25 2019 |
Legal NewsThe government is funding Universiti Malaya to carry out research and study, looking into learning from other countries on how to cater to the needs of the elderly to develop the proposed bill for a new law to safeguard the welfare of the elderly. (Source: NST / 25 May 2019)
May 23 2019 |
Legal NewsThe Singapore Court of Appeal today granted Malaysian Pannir Selvam a/l Pranthaman’s application to stay his execution at dawn tomorrow and enable him to challenge upon the rejection of clemency. (Source: The Sun Daily / 23 May 2019)
May 21 2019 |
Legal NewsParis Court of Appeal has ordered doctors to resume life support of a 42 years old quadriplegic man, Vincent Lambert, reversing earlier judicial ruling that said Mr Lambert should be removed from life support. This case has become central to the right-to-die debate and the “Je Suis Vincent Lambert” movement in France. (Source: BBC / 21 May 2019)
May 17 2019 |
Legal NewsThe amendment to o the proposed plastic waste classification by the Basel Convention, an international treaty, requires a ‘prior informed consent (PIC) from the country importing the plastic waste before any cross-border waste movement is conducted. This will help Malaysia restrict the import of such wastes from other countries more effectively. (Source: Bernama / 17 May 2019)
May 17 2019 |
Legal NewsThe Securities Commission Malaysia (SC) has released the revised Guidelines on Property Crowdfunding to provide an alternative financing avenue for first-time homebuyers. To facilitate property crowdfunding, the revised guidelines list out the requirements and obligations of a property crowdfunding platform operator, to support the integrity of the scheme and protect investors’ interest. (Source: The Sun Daily / 17 May 2019)
May 17 2019 |
Legal NewsThe Kuala Terengganu sessions court’s decision to fine MYR1.56 million each on two Vietnamese poachers has been the highest amount in Malaysia’s history for wildlife crimes. The Water, Land and Natural Resources Ministry will continue to intensify efforts to combat wildlife crimes and elements that bring destruction to wildlife and natural resources in Malaysia, especially poaching endangered animals. (Source: The Sun Daily / 17 May 2019)
May 16 2019 |
Legal NewsAlabama has passed a bill to restrict abortions in almost all cases including rape or incest. Under the said Bill, doctors face 10 years in prison for attempting to terminate a pregnancy and 99 years for carrying out the procedure. However, a woman who has an abortion would not be held criminally liable, and abortion in cases where the mother's life is at serious risk are allowed. (Source: BBC / 16 May 2019)
May 14 2019 |
Legal NewsThe Securities Commission Malaysia (SC) has issued the Guiding Principles on Business Continuity for capital market entities to enhance the systemic resiliency of the capital market. It sets out the SC’s expectations of the business continuity management approach of capital market entities to ensure timely continuity of critical services and the fulfilment of business obligations in the event of disruptions. (Source: The Sun Daily / 14 May 2019)
May 14 2019 |
Legal NewsThe Fatwa Committee of Singapore issued a fatwa, which recognised the agreement of Muslims who co-own a property in Singapore under a joint tenancy contract as religiously valid. This means that when one of the owners dies, the surviving owner can automatically absorb the former's share of the property - known as the right of survivorship - without having to present additional paperwork. (Source: Straits Times / 14 May 2019)
May 13 2019 |
Legal NewsMalaysia is proposing a legislation to regulate the collection and distribution of perishable and near-expiry food for onward distribution to those in need. The said proposed legislation or the ‘Good Samaritan Bill’ will comprise three components to protect all those involved in food rescue efforts. (Source: The Sun Daily / 13 May 2019)
May 11 2019 |
Legal NewsThe U.S. Justice Department had charged former Fugees rapper Prakazrel “Pras” Michel and wealthy Malaysian businessman Low Taek Jho, popularly known as "Jho Low," for conspiring to steer illegal foreign campaign funds into the 2012 presidential election, where Jho Low had directed the transfer of approximately USD21.6 million from foreign entities and accounts to Michel to be funneled into the U.S. election while disguising it as legitimate campaign contributions. (Source: The Star / 11 May 2019)
May 09 2019 |
Legal NewsThe Administration of Islamic Law (Federal Territories) (Amendment) 2018 bill was approved in Dewan Negara. The amendment among others would enable all religious schools, tahfiz centres and Islamic kindergartens in the Federal Territories to be registered and supervised. It would also enable the religious council to take legal action including directing the closure of any tahfiz centre, if any problem took place. (Source: The Sun Daily / 9 May 2019)
May 09 2019 |
Legal NewsThe United Nations will remove Malaysia from the list of signatories of the Rome Statute of the International Criminal Court (ICC) following Prime Minister Tun Dr Mahathir Mohamad’s announcement that Malaysia would not ratify the treaty. (Source: The Star / 9 May 2019)
May 08 2019 |
Legal NewsUnder the amended Penal Code of Singapore, judges will be required to escalate serious cases of hurt or harassment to the police, even if the victims have not sought the police's help and are seeking only protection orders from the court. This is part of the responsibilities of the new Protection from Harassment Court, which would be established as set out in the amended Protection from Harassment Act (Poha). (Source: Straits Times / 8 May 2019)
May 07 2019 |
Legal NewsUnder the new Singapore’s Penal Code, people who commit any crimes against vulnerable people, such as young children, maids and the disabled, can be arrested by the police even without a warrant and if found guilty, their punishment can be twice the maximum penalty, compared with 1.5 times previously for some offences. (Source: Straits Times / 7 May 2019)
May 07 2019 |
Legal NewsThe minimum age at which a person is criminally responsible for his actions in Singapore will be raised from seven to ten, following Parliament's approval of the new Criminal Law Reform Bill. This law reform was made to strike a balance between protection of the public and fairness to young children who may not be able to understand the consequences of their action. (Source: Straits Times / 7 May 2019)
May 03 2019 |
Legal NewsFederal Court judge Datuk Tengku Maimun Tuan Mat’s illustrious career reached a new high point after she was appointed as the new Chief Justice, the first woman to take on the role. (Source: The Star / 3 May 2019)
May 02 2019 |
Legal NewsA new set of e-payment guidelines in Singapore are making reckless e-payment users fully liable for unauthorised transactions if they cannot prove they have taken steps to protect themselves. (Source: Straits Times / 2 May 2019)
May 02 2019 |
Legal NewsBaker McKenzie has launched new internal policies of flexible work (bAgile) and family care (Family Leave) to break down barriers to healthier work-life balance and inequality in parental leave. (Source: Global Legal Post / 2 May 2019)
Apr 26 2019 |
Legal NewsAttorney-General (AG) Tommy Thomas today said that the Yang di-Pertuan Agong as the supreme commander of the armed forces will not be held responsible for the decision made by the prime minister, the cabinet and defence ministry regarding war declaration. Thus, if Malaysia commits a war crime, the people who are vulnerable to ICC (International Criminal Court) prosecution will be the prime minister, the Cabinet, the minister of defence, the generals but never the King because he is a constitutional monarch. (Source: BBC / 26 April 2019)
Apr 26 2019 |
Legal NewsThe government and Bank Negara Malaysia (BNM) are working to ease the terms and conditions for housing loans without affecting the stability of the financial system. The Ministry of Finance would take action if it were to receive any report from developers on housing loan applications being rejected without strong justifications. (Source: The Sun Daily / 26 April 2019)
Apr 25 2019 |
Legal NewsDomestic Trade and Consumer Affairs Ministry (KPDNHEP) Enforcement Division director has confirmed that effective this month, individuals arrested on suspicion of being involved in the selling of counterfeit goods worth more than MYR30,000 will be remanded and charged under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, and compounds would no longer be issued for such offences. (Source: BERNAMA / 25 April 2019)
Apr 25 2019 |
Legal NewsThe Negeri Sembilan State Assembly passed an amendment to the bill related to the Islamic Family Law Enactment (Negeri Sembilan) (Amendment) 2019. The amendment is aimed at empowering and enforcing the Islamic laws further. (Source: BERNAMA / 25 April 2019)
Apr 24 2019 |
Legal NewsThe Singapore Court of Three Judges (‘the Court’) yesterday dismissed the appeal of orthopaedic surgeon Kevin Yip Man Hing (‘Dr Yip’)against a conviction of professional misconduct and had increased Dr Yip's suspension by three months to eight months. The court said in its judgment that the most aggravating factor in the case was that Dr Yip had displayed "complete disregard for the patient's welfare and interest". (Source: Straits Times / 24 April 2019)
Apr 24 2019 |
Legal NewsThe students in the UK will learn about how developments will change the role of judges and lawyers, as well as increase the potential for access to justice for litigants through an innovative degree which combines 'top-100 education' with firm partnership to help future lawyers prepare for new technology and online courts. (Source: Global Legal Post / 24 April 2019)
Apr 23 2019 |
Legal NewsThe Aboriginal Peoples Act 1954 (Act 134) will be amended to provide absolute power for the Orang Asli community to appoint and sack their Tok Batin (headmen). The Orang Asli community no longer sees the power bestowed on ministers in the appointment and removal of their headmen, as provided under Section 16 (1) and Section 16 (2) of the Aboriginal Peoples’ Act, as appropriate. (Source: New Straits Times / 23 April 2019)
Apr 18 2019 |
Legal NewsIreka Corp Bhd (Ireka) has served a notice of arbitration against UEM Sunrise Bhd’s wholly owned subsidiary UEM Land Bhd (UEM) on disputes and differences arising from the contract finalisation of a project in Johor Baru seeking reliefs and/or remedies against UEM which include declarations of final account in the amount of MYR29.25 million, further extension of time or time at large, loss and expense awards, interest and costs. (Source: The Sun Daily / 18 April 2019)
Apr 16 2019 |
Legal NewsWhistleblowers across the European Union have won greater protection under the new landmark legislation aimed at encouraging reports of wrongdoing. The new law shields whistleblowers from retaliation and creates "safe channels" to allow them to report breaches of EU law. (Source: BBC / 16 April 2019)
Apr 15 2019 |
Legal NewsThe East Coast Rail Link (ECRL) project will finally be re-started, with several changes in Malaysia’s favour which includes increased participation by Malaysian companies, the operating and maintenance costs will be split evenly with China, and some money paid in advance to China will be returned to Malaysia. (Source: The Sun Daily / 15 April 2019)
Apr 15 2019 |
Legal NewsPrestariang SKIN Sdn Bhd (PSKIN) has filed a legal claim totaling MYR732 million from the Malaysian government for the termination of the MYR3.5 billion National Immigration Control Systems (SKIN) project via expropriation after PSKIN and the government were unable to reach an amicable settlement despite multiple rounds of negotiations. (Source: The Sun Daily / 15 April 2019)
Apr 15 2019 |
Legal NewsUnder the new rules proposed by the UK's data watchdog, Facebook and Instagram will face limits on letting under-18s "like" posts on their platforms while Snapchat could be prevented from allowing the age group to build up "streaks”. “Likes” help build up profiles of users' interests while “streaks” encourage them to send photos and videos daily and both of these tools encourage users to share more personal data and spend more time on apps than desired. (Source: BBC / 15 April 2019)
Apr 10 2019 |
Legal NewsUnder the proposed amendments to the National Security Council Act, the power of the Prime Minister to declare a security area will be removed and will rest in the hands of the Yang di-Pertuan Agong on the advice of the National Security Council. (Source: The Star / 10 April 2019)
Apr 09 2019 |
Legal NewsIn a landmark decision, a nine-man Federal Court Bench ruled out that Bank Negara's Syariah Advisory Council (SAC) on Islamic finance is constitutional and binding on civil courts even though the Council is not a judicial body. (Source: The Star / 9 April 2019)
Apr 09 2019 |
Legal NewsUnder the current divorce laws, one spouse has to allege adultery or unreasonable behaviour by the other for divorce proceedings to start straight away. Justice Secretary David Gauke said that under the new changes, they will only have to state that the marriage has broken down irretrievably and stop one partner refusing a divorce if the other one wants one and will eventually end the ‘blame game’ in divorce cases. (Source: BBC / 9 April 2019)
Apr 06 2019 |
Legal NewsMalaysia has decided to withdraw from Rome Statute of the International Criminal Court (ICC) and the decision was made collectively at the Cabinet meeting. The decision is stemming from confusion arising politically and within society, and not because the Statute is harmful to the country. (Source: The Sun Daily / 6 April 2019)
Apr 06 2019 |
Legal NewsThe Federal Court nine-man bench struck down the use of “double presumptions” provision under section 37A of the Dangerous Drug Act 1952 (DDA) to secure the conviction of an accused person charged for drug trafficking in a landmark ruling. The Federal Court declared section 37A of the DDA is unconstitutional as it violated Article 5 (1) read with Article 8 (1) of the Federal Constitution. (Source: The Sun Daily / 6 April 2019)
Apr 04 2019 |
Legal NewsUnder the Australia’s new law, social media companies can be fined up to 10 per cent of their annual global turnover and imprison executives for up to three years if violent content is not removed “expeditiously”. The new law is in response to a lone gunman's attack on two mosques in Christchurch on March 15, killing 50 people as they attended Friday prayers. (Source: The Straits Times / 4 April 2019)
Apr 02 2019 |
Legal NewsNational Housing Department’s proposed Residential Tenancy Act is targeted for implementation in two years’ time to boost the residential rental market. The act will assist in determining the affordable rental rate based on location, as well as laws to protect both tenants and owners. (Source: New Straits Times / 2 April 2019)
Apr 01 2019 |
Legal NewsJapan is setting a legal cap on long work hours to change its notorious overwork culture that has caused sickness and deaths via a labor reform law. The cap, which only targets major companies for now, limits overtime work to 45 hours a month and 360 hours a year in principle. The monthly cap can be extended in busy periods, for up to six months a year. (Source: Japan Times / 1 April 2019)
Apr 01 2019 |
Legal NewsSingapore introduced new measures to tackle the spread of fake news as part of the Protection from Online Falsehoods and Manipulation Bill that will require online news sites to publish corrections or warnings on fake news, or even remove such articles in extreme cases. (Source: The Straits Times / 1 April 2019)
Mar 29 2019 |
Legal NewsFacebook introduced new rules to tackle political ads appearing on Facebook in EU countries whereby it requires EU advertisers to be authorised in their country to run ads related to the European Parliamentary elections. The political ads that appear on Facebook will be labelled to identify the advertiser, alongside information about who they are, how much they paid and who they targeted. (Source: BBC / 29 March 2019)
Mar 27 2019 |
Legal NewsGoogle has launched a global advisory council consists of eight people and includes former US deputy secretary of state, and a University of Bath associate professor to offer guidance on ethical issues relating to artificial intelligence, automation and related technologies. (Source: BBC / 27 March 2019)
Mar 26 2019 |
Legal NewsThe Ilustre Colegio de Abogados (‘ICAM’) has launched the Espacio Abogacía, a co-working centre for lawyers in Madrid as a new initiative to offer lawyers co-working space and mediation facilities in the heart of Madrid's judicial quarter at low cost. (Source: Global Legal Post / 26 March 2019)
Mar 24 2019 |
Legal NewsThe Seremban International Golf Club (‘SIGC’) has decided to revoke its decision to not serve and sell beer at the 18-hole with immediate effect, after members successfully challenged and voted against the decision of the club management during an extraordinary meeting attended by 135 members and chaired by state secretary and club deputy president. (Source: The Star / 24 March 2019)
Mar 22 2019 |
Legal NewsIn a filing with Bursa Malaysia, Genting Malaysia Bhd’s indirect wholly owned subsidiary Genting UK Plc is disposing of its entire stake in Coastbright Limited to Sonco UK BidCo Limited for GBP34.6 million (about MYR185 million) cash and is expected to realise a gain arising from the disposal. (Source: The Sun Daily / 22 March 2019)
Mar 22 2019 |
Legal NewsThe Global Blockchain Business Council (‘GBBC’), an industry association for the blockchain ecosystem, has announced the launch of its Legal and Regulatory Group (‘LRG’) to tackle the blockchain legal and regulatory landscape. (Source: Global Legal Post / 22 March 2019)
Mar 21 2019 |
Legal NewsGroup of experts in France are studying the tokenisation of real estate in response to the la loi Plan d’Action pour la Croissance et la Transformation des Entreprise (PACTE), an action plan for business growth and transformation, and the National Assembly reports on the usage of blockchain. (Source: The Global Legal Post / 21 March 2019)
Mar 21 2019 |
Legal NewsThe Housing and Local Government Ministry would place priority in strengthening guidelines on the issuance of licences to factories, especially those involved in the handling of chemicals to reinforce the monitoring operation of usage and disposal of scheduled chemical waste. (Source: The Star / 21 March 2019)
Mar 19 2019 |
Legal NewsThe Communications and Multimedia Ministry, through its Personal Data Protection Department is currently reviewing the Personal Data Protection Act (PDPA) 2010 to ensure that it is in line with new developments in the field of data protection to make PDPA compatible with new regulations on data protection introduced globally, such as in the European Union (EU). (Source: The Global Legal Post / 19 March 2019)
Mar 17 2019 |
Legal NewsA Special Marriages, Hadhanah (child custody) and Nafkah (maintenance) court which has the authority to confiscate the property of a man who has failed to provide for his ex-wife is now in the final process of getting the views of various parties on its administration, before it is tabled to the Cabinet in May. (Source: The Sun Daily / 17 March 2019)
Mar 15 2019 |
Legal NewsRussian lawmakers have enact new legislation to introduce the concept of ‘digital rights’ in Russian legislation, with the addition of a new article 141.1 of the Civil Code of the Russian Federation and have also approved a package of bills introducing fines of up to 1.5 million rubles (USD22,900) for distributing fake news on the Internet. (Source: Global Legal Post / 15 March 2019)
Mar 14 2019 |
Legal NewsThe Domestic Trade and Consumer Affairs Ministry (KPDNHEP) will get cracking on online traders by making sure that they display all product details, before finalising transactions to ensure that consumer rights are better protected. (Source: The Sun Daily / 14 March 2019)
Mar 13 2019 |
Legal NewsThe government has decided that mandatory death penalty in the country will be abolished, and would instead give discretionary powers to judges in sentencing only offences currently carrying the mandatory death penalty. This would affect nine offences under the Penal Code and a further two offences under the Firearms (Increased Penalties) Act 1971. (Source: The Sun Daily / 13 March 2019)
Mar 12 2019 |
Legal NewsThe implementation of e-Review and video conferencing services allow the lawyers and stake holders to save time and cost to the parties involved in a case in court and this will allow them to manage their cases easier, faster and more efficient. (Source: The Sun Daily / 12 March 2019)
Mar 12 2019 |
Legal NewsThe Singapore Contractors Association (SCAL) has launched the Singapore Construction Mediation Centre (SCMC) to provide more options for disputing construction companies to seek mediation instead of undergoing expensive and time-consuming court proceedings. (Source: The Straits Times / 12 March 2019)
Mar 08 2019 |
Legal NewsThe Ministry of Prime Minister’s Department has confirmed that Cabinet will take a major step towards the implementation and compliance of the Malaysia Agreement 1963 (MA63) by agreeing to amend Article 1 (2) of the Federal Constitution to restore the status of Sabah and Sarawak as equal partners with Peninsular Malaysia. (Source: The Sun Daily / 8 March 2019)
Mar 07 2019 |
Legal NewsChina’s telecommunications equipment and services provider, Huawei, has filed a lawsuit against the US government for failing to provide evidence to support the ban that has restricted the federal agencies from using Huawei products over national security concerns. (Source: BBC / 7 March 2019)
Mar 06 2019 |
Legal NewsThe Yavapai County Attorney of Arizona stated in a public letter that there was “no basis” for criminal liability for Uber Technologies Inc. in a fatal crash involving one of the company's self-driving cars that has struck and killed a pedestrian in 2018. It further stated that the conduct of the back-up driver, Rafael Vasquez, should be referred to the police for additional investigation. (Source: The Straits Times / 6 March 2019)
Mar 04 2019 |
Legal NewsMalaysia has signed the instrument of Accession to the Rome Statute of the International Criminal Court (ICC). The ICC is the first permanent, treaty-based, international criminal court, with the objective to end impunity against the perpetrators of the most serious crimes of concern to the international community, namely genocide, war crimes, crimes against humanity and crimes of aggression. (Source: Bernama / 4 March 2019)
Mar 04 2019 |
Legal NewsThe Family Justice Courts (FJC) of Singapore is looking at setting up the first Seniors' Court with elderly-friendly features that provide facilities suitable for their needs to ensure that no citizen is denied access to justice in response to the ageing population in the country. (Source: The Straits Times / 4 March 2019)
Mar 02 2019 |
Legal NewsThe Department of Occupational Safety and Health (DOSH) will table amendments to the Occupational Health and Safety Act 1994 in Parliament to enable the construction site owners and architects to be held responsible for incidents at their construction sites as currently, only contractors are being held responsible even though they had to complete the work within the stipulated time. (Source: Bernama / 2 March 2019)
Feb 27 2019 |
Legal NewsThe Federal Court allowed an ex-parte application for leave by Attorney-General Tommy Thomas to initiate contempt proceedings against a lawyer, Arunachalam Kasi for scandalising judges of the Federal Court in two articles published on the Aliran online portal in reference to an affidavit of Court of Appeal Judge Datuk Dr Abdul Hamid Abu Backer on alleged judicial misconduct. (Source: The Sun Daily / 27 February 2019)
Feb 27 2019 |
Legal NewsSouth Africa has announced the establishment of a special tribunal of eight justices to swiftly recover monies and assets lost by state institutions through irregular and corrupt means which will fast-track recovery and ensure accountability. (Source: Global Legal Post/27 February 2019)
Feb 26 2019 |
Legal NewsThe Singapore High Court judge has ruled no claim should be struck out without a trial "as long as there are issues of fact and law that need to be proven" in the case of a Hong Kong-based Qroi company, which provides technical services to mobile operators in Singapore, who sued the managing partner Ian Pascoe and Grant Thornton Advisory Services for alleged non-payment for services delivered. (Source: The Straits Times / 26 February 2019)
Feb 26 2019 |
Legal NewsPolice have arrested a married couple, a 50-year-old Indonesian man with a permanent resident identity card and his wife, 49, also from Indonesia for the murder of an Indonesian man whose body was found at the construction site of the Perak Centre police district headquarters (IPD) in Seri Iskandar in 2001. (Source: The Sun Daily / 26 February 2019)
Feb 24 2019 |
Legal NewsThe Health Ministry would be tabling a proposal and policy to make immunisation vaccination compulsory in the country to the ministry's post-cabinet meeting for effective control vaccine-preventable diseases such as diphtheria and neonatal tetanus amongst children. (Source: New Straits Times/24 February 2019)
Feb 20 2019 |
Legal NewsSheffield Hallam University in England takes Alternative Business Structure (ABS) innovation to heart by launching student law firm, called SHU Law (‘the firm’). The firm is a fully regulated law firm designed to give students real live work experience during their studies by way of incorporating work-experience into the core curriculum of its undergraduate Law and Law and Criminology degrees, and its post-graduate LLM. (Source: Global Legal Post / 20 February 2019)
Feb 19 2019 |
Legal NewsThe Water, Land and Natural Resources Ministry has lifted the ban on bauxite mining in Pahang and has stated that the industry has potential and is highly profitable. The mining activities will resume in April. (Source: The Star / 19 February 2019)
Feb 19 2019 |
Legal NewsThe suit by former Bersih 2.0 chairman Maria Chin Abdullah against the Inspector-General of Police and the government for her wrongful detention under the Security Offences (Special Measures) Act 2012 (Sosma) in 2016, was settled with MYR25 thousand in damages. (Source: The Star / 19 February 2019)
Feb 18 2019 |
Legal NewsThe UK report (‘the report’) on fake news' demands for a compulsory code of ethics to put an end to inadequate self-regulation. The report calls for tech companies to be regulated by an independent regulator which will be given powers to launch legal action against companies breaching code, amongst others. (Source: Global Legal Post / 18 February 2019)
Feb 16 2019 |
Legal NewsThe judiciary has filed a police report through an affidavit following allegations made by Court of Appeal judge Datuk Dr Hamid Sultan Abu Backer of a purported scam involving top judiciary officials to defraud the government. (Source: The Sun Daily / 16 February 2019)
Feb 14 2019 |
Legal NewsSouth African President, Cyril Ramaphosa has signed the Competition Amendment Bill into law to strengthen regulations against anti-competitive behaviour in industrial markets but local lawyers are not convinced about when and how the new law will be enforced. (Source: Global Legal Post / 14 February 2019)
Feb 14 2019 |
Legal NewsUS investment bank JP Morgan has created a crypto-currency to be backed by a major US bank, JPM Coin. The crypto-currency, which runs on blockchain technology helps to settle payments between the bank and clients in its wholesale payments business. (Source: BBC / 14 February 2019)
Feb 12 2019 |
Legal NewsAfter McDonald's lost the Big Mac trademark with Supermac's, an Irish fast-food chain in the European Union, Burger King in Sweden revamped its menu in a snarky hat-tip to the rival fast-food chain. Burger King featured menus with Big Mac comparisons, including: "The Kind of Like a Big Mac, but Juicier and Tastier" and "The Big Mac-ish but Flame-Grilled Of Course." (Source: The Straits Times / 12 February 2019)
Feb 12 2019 |
Legal NewsThe Singapore State for Law Ministry has streamlined the requirements in the Precious Stones and Precious Metals (Prevention of Money Laundering and Terrorism Financing) Bill where it requires the dealers to register with the Law Ministry and carry out stricter checks on their clients. (Source: The Straits Times / 12 February 2019)
Feb 09 2019 |
Legal NewsLawyer Datuk Shaharudin Ali is challenging the legitimacy of the Election Commission (EC) to function since the EC currently consists of only a single man, namely its chairman Azhar Azizan Harun. The lawyer filed a lawsuit to declare the commission as “non-existent”, invalid and illegal under Article 114 of the Federal Constitution. (Source: The Sun Daily / 9 February 2019)
Feb 08 2019 |
Legal NewsThe Malaysian Employers Federation has confirmed that employees that were found guilty of faking a degree to gain employment or promotion are at risk of getting fired by their employers on the ground of misconduct. (Source: The Star / 8 February 2019)
Feb 08 2019 |
Legal NewsA US Federal appeals court has postponed the execution of a Muslim inmate in Alabama, Domineque Ray, after the state refused to allow his imam to be present at his death. His lawyers argued that the state infringed on his religious rights by denying his request for an imam over a chaplain during the execution. (Source: BBC / 8 February 2019)
Feb 07 2019 |
Legal NewsThe Singapore High Court has set aside a SGD10 million default judgment against an Australian-Chinese tycoon, Wang Zhi Cai, after he failed to appear in court for the alleged casino debts suit brought forward by Marina Bay Sands (MBS). His appeal to enter defence and contest the case in a court trial was allowed by the same court. (Source: The Straits Times / 7 February 2019)
Feb 02 2019 |
Legal NewsA landmark MYR3 billion financial programme comprising MYR2 billion sukuk musharakah IMTN programme and a MYR1 billion sukuk murabahah Islamic commercial papers (ICP) programme has been successfully established by EXSIM Development Group through its special-purpose financial vehicle, Exsim Capital Resources Bhd. (Source: New Straits Times / 2 February 2019)
Jan 31 2019 |
Legal NewsThe Federal Court has ruled out that subsequent publication of the contents of a police report by its maker to the public is not protected by the defence of absolute privilege, save where the contents of the report were made in or in connection with judicial proceedings. Thus, a person who lodges a police report could be held accountable for defamation if he or she repeats the contents of the report to the public. (Source: The Star / 31 January 2019)
Jan 31 2019 |
Legal NewsThe Securities Commission Malaysia (SC) has amended its Guidelines on Recognised Markets (‘the Guidelines’) to ensure that digital assets are not used for money laundering and illegal activities by introducing new requirements for electronic platforms that facilitate the trading of digital assets. Additionally, digital assets operators must be locally incorporated with a minimum paid-up capital of RM5 million upon commencing operations and any other additional financial requirements as necessary. (Source: The Sun Daily / 31 January 2019)
Jan 30 2019 |
Legal NewsBangladesh has filed a lawsuit in New York against a Philippine bank, Rizal Commercial Banking Corp (RCBC) over its involvement in one of the biggest-ever cyber heists where unidentified hackers stole USD81 million from the Bangladesh central bank's account with the US Federal Reserve in New York in February 2016. (Source: The Straits Times / 30 January 2019)
Jan 29 2019 |
Legal NewsThe “Pro-Tem Pertahankan Hak Perokok” (PHP or Smokers Right Club) obtained leave from the High Court to initiate judicial review proceeding to challenge the smoking ban at all eateries as they claimed that the smoking ban enforced by the Health Ministry is a breach of the Federal Constitution on the basis that smoking is not a criminal activity, and it is legally valid. (Source: The Sun Daily / 29 January 2019)
Jan 29 2019 |
Legal NewsThe dispute involving trade dress and copyright infringement claims surrounding the design of the USD4 billion (MYR16.7 billion) Resorts World Las Vegas (RWLV) project between Genting Bhd’s indirect wholly owned subsidiary RWLV and Wynn Resorts Holdings have reached a settlement agreement with RWLV agreeing to make changes in its design. (Source: The Sun Daily / 29 January 2019)
Jan 26 2019 |
Legal NewsThe Companies Commission of Malaysia (SSM) said that documents issued through its online system used by the people are legally binding and there is no basis to doubt its validity since all certified true copy (CTC) are valid and certified like the documents stored in SSM register. (Source: The Star / 26 January 2019)
Jan 24 2019 |
Legal NewsSingapore has released a model governance framework on artificial intelligence (AI). The framework is intended to provide detailed and readily implementable guidance to private-sector organisations using AI. (Source: Business Times / 24 January 2019)
Jan 23 2019 |
Legal NewsThe Cato Institute, a libertarian think tank in the United States is challenging the Securities and Exchange Commission (SEC)’s ‘gag order’ in the Federal Court. The ‘gag order’ is a routine condition of settling civil or administrative actions with defendants agreeing to a promise that they will never publicly contest, challenge, or deny any of the allegations the SEC has made against them, even after the case has been settled. (Source: Global Legal Post / 23 January 2019)
Jan 23 2019 |
Legal NewsA Singaporean lesbian, gay, bisexual and transgender (LGBT) rights advocate has filed a case against the Attorney-General challenging the validity of Section 377A of Singapore’s Penal Code on the ground that the criminalisation of sex between men is "inconsistent" with portions of Singapore's Constitution, namely Article 9 on liberty of the person, Article 12 on equal protection and Article 14 on freedom of speech, assembly and association. (Source: The Straits Times / 23 January 2019)
Jan 23 2019 |
Legal NewsAirAsia Group Bhd and its affiliate AirAsia X Bhd has filed a statement of defence against Malaysia Airports (Sepang) Sdn Bhd (MASSB), a wholly-owned subsidiary of Malaysia Airport Holdings Bhd (MAHB) in relation to the suit filed against them over the passenger service charges (PSC) collection at klia2. Air Asia contended that the claim by MASSB is misconceived, invalid and/or premature as MASSB has not complied with and/or availed itself of the statutory provisions for dispute resolution within the Malaysian Aviation Commission Act 2015 (Mavcom Act). (Source: The Sun Daily / 23 January 2019)
Jan 23 2019 |
Legal NewsFox Entertainment Group LLC, Twentieth Century Fox Film Corp and FoxNext LLC (collectively known as FOX) filed a counterclaim at the United States District Court seeking US$46.4 million (MYR191.7 million) from Genting Malaysia Bhd (GENM) for breach of the implied covenant of good faith and fair dealing after GENM sued FOX for terminating their contract to develop a Fox-branded theme park at Resorts World Genting in Malaysia. (Source: The Sun Daily / 23 January 2019)
Jan 17 2019 |
Legal NewsThe Human Resources Ministry has released guidelines for private sector employees published by the Labour Department and Jabatan Kemajuan Islam Malaysia (Jakim)allowing Muslim staff members to spend at least 20 minutes daily to perform their prayers and recommended for them to be given an hour-and-a-half off for Friday prayers. (Source: The Star / 17 January 2019)
Jan 17 2019 |
Legal NewsInternet celebrities and other individuals, including minors, who earn income more than RM5,000 a month from paid reviews, brand endorsements and businesses conducted via the social media are categorised as a profession, thus subject to income tax under the purview of the Inland Revenue Board (IRB). (Source: BERNAMA / 14 January 2019)
Jan 16 2019 |
Legal NewsRobyn Rihanna Fenty, or Rihanna, has filed a lawsuit in the US Federal Court in Los Angeles against her father, Ronald Fenty, and his two business partners of fraud and false advertising over his Fenty Entertainment talent and production company for trading on her Fenty brand name by inferring that a business venture he set up in 2017 is associated with her. (Source: Global Legal Post / 16 January 2019)
Jan 14 2019 |
Legal NewsThe Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019, which has come into force on 15 January 2019, states that digital currencies and digital tokens (collectively known as digital assets) will be prescribed as securities and will be regulated by the Securities Commission Malaysia (SC). Any person offering an initial coin offering or operating a digital asset exchange without authorization from SC may be sentenced to imprisonment of up to 10 years and a fine of up to MYR10 million. (Source: The Sun Daily / 14 January 2019)
Jan 11 2019 |
Legal NewsKentucky, USA introduced a new bill which makes it a felony for doctors to perform an abortion once a fetal heartbeat can be detected, which may be as early as the sixth week of pregnancy. (Source: Global Legal Post / 11 January 2019)
Jan 09 2019 |
Legal NewsLawyer Datuk Seri Gopal Sri Ram argued that Article 74(1) of the Federal Constitution empowered Parliament to only make laws and not to declare laws. He further argued that the Parliament has exceeded its legislative power when an amendment to a provision in the Dangerous Drugs Act 1952 (DDA) to secure the conviction of a person charged with drug trafficking has been approved by the Parliament. (Source: New Straits Times / 9 January 2019)
Jan 09 2019 |
Legal News“Right to repair” is a legislation underway in Europe and the US towards saving carbon emissions and to promote the use of resources more wisely. The “right to repair” consists of a series of proposals from European environment ministers to force manufacturers to make goods like lighting, televisions and large home appliances to last longer and are easier to mend by users. (Source: New Straits Times / 9 January 2019)
Jan 08 2019 |
Legal NewsBoustead Plantations Bhd with Bursa Malaysia had filed a writ of summons and statement of claim on SP Setia Bhd’s Setia Fontaines Sdn Bhd for breach of a sale and purchase agreement (SPA) involving a land deal in Penang related to a refund under the Goods and Services Tax Act, 2014 owed to Boustead Plantations. (Source: The Sun Daily / 8 January 2019)
Jan 07 2019 |
Legal NewsPeople involved in an employment dispute in Singapore will now be able to file their claims online instead of having to go to the State Courts. The online dispute claims will also allow them to resolve their disputes on the go, through new online negotiation and mediation services. (Source: Business Times / 7 January 2019)
Jan 07 2019 |
Legal NewsA new regulation has taken effect in Saudi Arabia in which Saudi courts will notify women via text message when they get divorced by their husbands. This regulation aims to curb the rampant cases of men secretly ending marriages without informing their wives. The women will also be able to view documents related to the termination of their marriage contracts through the justice ministry’s website. (Source: The Straits Times / 7 January 2019)
Jan 04 2019 |
Legal NewsSarawak has announced that the state will remain its decision to impose 5% sales tax on petroleum products in its state when tabling the state budget in the Sarawak Legislative Assembly despite reservations from the federal government. (Source: The Star / 4 January 2019)
Jan 04 2019 |
Legal NewsA US judge has rejected Ed Sheeran’s application to drop the legal suit against him brought forward by the estate and heirs of the late producer Ed Townsend, who co-wrote Marvin Gaye’s Let’s Get It On. The lawyer representing the Marvin Gaye estate claims that Ed Sheeran’s hit song, Thinking Out Loud was a rip off of Gaye’s Let’s Get It On. (Source: BBC / 4 January 2019)
Jan 02 2019 |
Legal NewsCartier International, a French jewelry giant lost a trademark battle with MoneyMax Jewellery in Singapore for its stylised ‘love’ trademark against the latter’s bid to register its trademark "Love Gold" under the Singapore Trade Marks Act. Registrar Mark Lim Fung Chian stated that there cannot be a monopoly on using the word "love" and it should be freely used by traders in the jewellery business. (Source: The Straits Times / 2 January 2019)
Jan 01 2019 |
Legal NewsThe Sales and Services Tax (SST) will be expanded to include companies providing services such as amusement park operations, securities brokerage and underwriting, cleaning services, and training provision with a total value of more than MYR50,000 per annum, effective March 2019. (Source: The Sun Daily / 1 January 2019)
Dec 29 2018 |
Legal NewsChina's new Intellectual Property (IP) Court (“the IP Court”) that comes under the top-level Supreme People's Court will primarily hear IP appeal cases starting this year. The establishment of the IP Court is to better safeguard intellectual property rights as intellectual property violations are a long-time concern of the United States and a source of friction between the two countries. (Source: The Straits Times / 29 December 2018)
Dec 28 2018 |
Legal NewsSingapore, a party to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) has submitted its first report on the said treaty to the United Nations. The report submitted contains six broad areas in which it is working to end racial discrimination - and the concrete measures it is taking. These include legislation to safeguard racial and religious harmony, policies to foster social integration, and programmes that mobilise the community to work for the common good. (Source: The Straits Times / 28 December 2018)
Dec 27 2018 |
Legal NewsGenting Group (“Genting”) is facing a lawsuit from American company, Wynn Las Vegas (“Wynn”). Wynn accused Genting’s casino project, Genting Group’s Resorts World Las Vegas (“RWLV”) of being similar in terms of the architectural design of the Wynn Resort hotel which is located opposite of the RWLV. The lawsuit lists five counts namely, federal trade dress infringement, unfair competition and false designation of origin, federal trademark dilution, state trademark dilution, and copyright infringement. (Source: The Star / 27 December 2018)
Dec 25 2018 |
Legal NewsThailand’s parliament voted to amend the Narcotic Act of 1979 (“the Act”) to approve cannabis for medical use. However, recreational use will remain illegal. The amendment to the Act will allow consumers to carry specified amounts necessary for medicinal purposes, provided that they have a prescription or a recognised certificate. (Source: BBC / 25 December 2018)
Dec 24 2018 |
Legal NewsThe latest amendment to the Law Reform (Marriage and Divorce) (Amendment) Act, which came into force on 15 December 2018 states that any marriage contracted under civil law must be dissolved in the civil court even if one of the spouses has converted to Islam. The amendment also emphasises the civil court’s exclusive jurisdiction for marriage contracted under the civil law. (Source: New Straits Times / 24 December 2018)
Dec 23 2018 |
Legal NewsChina's legislature is considering a new “unified law” governing foreign investment to replace three existing laws on Chinese and foreign equity joint ventures, non-equity joint ventures and wholly foreign-owned enterprises. This new law will streamline existing rules and prevent the forced transfer of technology. (Source: The Straits Times / 23 December 2018)
Dec 20 2018 |
Legal NewsWashington DC's top prosecutor is suing Facebook for its role in the Cambridge Analytica scandal. The former accused Facebook of allowing the wholesale scraping of personal data on tens of millions of users and includes privacy and security missteps. (Source: BBC / 20 December 2018)
Dec 19 2018 |
Legal NewsThe Children and Young Persons (Employment) (Amendment) Bill 2018 (“the Bill”) which was approved in the Dewan Negara will be extended to Sabah and Sarawak through amendments to the Labour Ordinance (Sabah Chapter 67) and the Labour Ordinance (Sarawak Chapter 76) in 2019. (Source: Bernama / 19 December 2018)
Dec 18 2018 |
Legal NewsA US appeals court (“the Court”) in California dismissed a lawsuit by the family of five-year-old Moriah Modisette, who died from injuries in a car crash involving a man who was using FaceTime on the iPhone 6. The Modisette family alleged that Apple was responsible for the accident as the "lockout" technology which utilises technology to detect motion and disable certain functions when driving was not available on the iPhone 6, hence deemed “defective”. The Court held that Apple did not owe a duty of care to the Modisette family and that it cannot be established that Apple’s design of the iPhone constituted a proximate cause of the injuries they suffered. (Source: BBC /18 December 2018)
Dec 15 2018 |
Legal NewsA key part of America’s Affordable Care Act (ACA) or better known as Obamacare, was ruled as unconstitutional by a federal judge in the US state of Texas. It was argued that the law was invalidated by a change in tax rules last year which eliminated a penalty for not having health insurance. (Source: BBC / 15 December 2018)
Dec 12 2018 |
Legal NewsAmendments to the Criminal Law (Temporary Provisions) Act (“the Act”) will take effect in 2019. The Act, which allows the authorities to detain and supervise criminal suspects without trial has been recently been amended to include secret society activities, unlicensed money lending, drug trafficking and offences under the Organised Crime Act. (Source: The Straits Times / 12 December 2018)
Dec 11 2018 |
Legal NewsThe Parliament will table a Sexual Harassment Bill (“the Bill”) that aims to make it easier to charge the sexual harassers in court next year. It is acknowledged that the burden of proof of beyond reasonable doubt to charge these harassers with insulting a person’s modesty under Section 509 of the Penal Code is too high, hence the need for the new Bill. (Source: The Star / 11 December 2018)
Dec 11 2018 |
Legal NewsA bill to amend the Civil Law Act 1956, particularly Section 7(2) which allows disabled individuals to sue for damages over loss of dependency following the death of those who had looked after them has been tabled for first reading at the Dewan Rakyat. (Source: New Straits Times / 11 December 2018)
Dec 11 2018 |
Legal NewsSection 66 (nn) of the Road Transport (Amendment) Bill 2018 was passed in a unanimous vote in Dewan Rakyat. The amendment allows local authorities to remove abandoned vehicles within townships and cities nationwide in order to increase road safety and improve management and enforcement of traffic within cities. (Source: New Straits Times / 11 December 2018)
Dec 10 2018 |
Legal NewsUniversity students will achieve freedom to be involved in politics on campus following amendments to the Universities and University Colleges Act (UUCA) 1971, Private Higher Educational Institutions Act 1996 and the Educational Institutions (Discipline) Act 1976, which sees an end to the ban on students of higher education institutions to be involved in political parties in campus were unanimously passed at the Dewan Rakyat. (Source: The Sun Daily / 10 December 2018)
Dec 05 2018 |
Legal NewsThe State Legislative Assembly has passed the Syariah Court (Perak) Enactment 2018. Perak will be the first state in the country to have four levels of syariah courts, with the Supreme Court as the apex court. The establishment of the Syariah Supreme Court aims to uplift and empower the structure, administration and credibility of the state’s syariah judicial institution. (Source: New Straits Times / 5 December 2018)
Dec 04 2018 |
Legal NewsThe Malaysian Aviation Commission (MAVCOM) has slapped a MYR160,000 fine on both AirAsia Bhd and AirAsia X Bhd for advertising misleading ticket prices in its advertisements and promotions places across the Internet, as well as on their respective websites under the non-compliance of subparagraph 3(1) of the Malaysian Aviation Consumer Protection Code 2016 (MACPC). (Source: Bernama / 4 December 2018)
Dec 04 2018 |
Legal NewsThe Singapore High Court (“the Court”) has ordered a condo unit owner to restore the original design of the balcony area after ruling that her renovations breached condo rules and affected the building’s overall façade and uniformity. The Court further clarified that though the works were carried out within the unit she wholly owns, it does not give her full control of the unit as there community interests to be considered. (Source: The Straits Times / 4 December 2018)
Dec 03 2018 |
Legal NewsAggrieved home owners who sued game company Niantic, creator of the famous game, Pokemon Go, have a reached a settlement with the latter. It was claimed that virtual Pokemon were put on their property without permission and claimed that the game constituted a "continuing invasion". (Source: BBC / 3 December 2018)
Dec 02 2018 |
Legal NewsThe abolition of the Workmen’s Compensation Act 1952 (“the Act”) will not affect local workers as the abolition of the Act is to safeguard the welfare of foreign workers in the country in terms of insurance coverage which is also in line with the Equality of Treatment (Accident Compensation) Convention 1925 (No. 19) and the Conference committee on the Application of Standards under the International Labour Organisation (ILO). (Source: The Sun Daily / 2 December 2018)
Nov 28 2018 |
Legal NewsMah Sing Group Bhd has joined forces with e-commerce platform Lazada Malaysia to become the first to offer properties online in Southeast Asia. (Source: Bernama / 28 November 2018)
Nov 27 2018 |
Legal NewsGenting Malaysia Bhd is suing Twenty-First Century Fox Inc and The Walt Disney Co for more than USD1 billion (MYR4.19 billion) for the termination of a memorandum of agreement (MoA) relating to the development of a Fox-branded theme park at Resorts World Genting in Malaysia. (Source: The Sun Daily / 27 November 2018)
Nov 26 2018 |
Legal NewsChief Justice Tan Sri Richard Malanjum has proposed a time limit of 20 minutes for oral submissions and to highlight the “killer points” first instead of mentioning them towards the end in order to promote effective submissions and expedite court proceedings. (Source: New Straits Times / 26 November 2018)
Nov 24 2018 |
Legal NewsThe Pakatan Harapan government has decided not to ratify the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) amid rising protests by opponents who claimed that the United Nations human rights agreement would jeopardise the special rights of Malays and bumiputra in the country. (Source: The Star / 24 November 2018)
Nov 23 2018 |
Legal NewsThe Bar Council of England and Wales is extending the scheme and new app that allows practising legal professionals direct entrance to courts without the need to be searched to five additional courts as part of the professional court user entry scheme. (Source: Global Legal Post / 23 November 2018)
Nov 22 2018 |
Legal NewsThe Singapore International Commercial Court will hear its first legal dispute involving the cryptocurrency bitcoin between an electronic market maker, B2C2 and cryptocurrency exchange operator, Quoine over a "unilateral reversal" of seven orders on its platform. The court has to decide whether a number of trades done in April last year had been wrongfully reversed and whether proceeds were being deducted without authorisation. (Source: The Straits Times / 22 November 2018)
Nov 21 2018 |
Legal NewsThe Singapore Government, starting 2020, will be able to collect GST on overseas services from 2020 via the Singapore Goods and Services Tax (Amendment) Bill that was recently passed. Overseas vendor registration regime will be imposed on business-to-consumer services, including video streaming, apps, listing fees on electronic marketplaces, software and online subscription fees. However this only applies to companies with an annual global turnover above SGD1 million and makes more than SGD100 thousand in providing digital services to Singapore. (Source: The Straits Times / 21 November 2018)
Nov 21 2018 |
Legal NewsThe Singapore Employment Act (EA) that protects workers' rights has undergone a major transformation to include all private-sector employees. The said changes include, rights such as paid sick leave, mandatory annual leave of seven to 14 days, protection against wrongful dismissal and the removal of salary cap of SGD4,500 a month. (Source: The Straits Times / 21 November 2018)
Nov 20 2018 |
Legal NewsA Quebec father, Antonio Bramante is the lead plaintiff in a class-action lawsuit against McDonald's, alleging that the company's Happy Meals violate the province's strict youth consumer protection laws against advertising to children under 13 years of age. (Source: BBC / 20 November 2018)
Nov 19 2018 |
Legal NewsIn order to better protect borrowers, new rules which sets an aggregate loan cap under the Moneylenders (Amendment) Act 2018 and Moneylenders (Amendment) Rules 2018 (“the New Rules”) has been introduced. The New Rules will come into force on 30 November 2018. (Source: The Straits Times / 19 November 2018)
Nov 16 2018 |
Legal NewsThe family of a passenger killed when a Lion Air flight crashed into the sea near Indonesia are suing the US aircraft manufacturer, Boeing, over an alleged fault in failing to inform pilots and airlines of a feature with its new 737 Max plane system that could "push the nose down unexpectedly". (Source: BBC / 16 November 2018)
Nov 13 2018 |
Legal NewsThe European Court of Justice has ruled that the taste of a food cannot be protected by copyright, on the ground that the taste of food was too "subjective and variable" for it to meet the requirements for copyright protection. (Source: BBC / 13 November 2018)
Nov 12 2018 |
Legal NewsThe government plans to introduce a system that allows the Syariah Judiciary Department to claim from the husband's Employees Provident Fund or bank accounts to pay alimonies to their ex-wives upon the decision of the Syariah Court. The aim is to assist divorced women whose irresponsible ex-husbands refused to pay for their alimonies. (Source: The Sun Daily / 12 November 2018)
Nov 11 2018 |
Legal NewsThe Monetary Authority of Singapore (MAS) and Singapore Exchange (SGX) have developed a delivery versus payment (DvP) capabilities which allows simultaneous exchange of tokenised assets on different blockchain platforms for securities. This helps simplify post-trade processes and shorten settlement cycles. (Source: The Sun Daily / 11 November 2018)
Nov 10 2018 |
Legal NewsIn light of the increase in the number of fake degrees, the Education Ministry has launched the University Degree Issuance and Verification System, based on the blockchain technology, to authenticate genuine certificates called ‘e-Scroll’. (Source: The Star / 10 November 2018)
Nov 09 2018 |
Legal NewsA 69 year old Dutchman, Emile Ratelband (‘Emile’), has initiated a legal action to change his birthdate from 11 March 1949 to 11 March 1969 that will make him 20 years younger to boost his dating prospects. Emile argued that he feels discriminated against because of his real age, and that it was affecting his employment chances and his success rate on the dating application, Tinder. (Source: BBC / 9 November 2018)
Nov 08 2018 |
Legal NewsBank of Japan's fintech study group concluded that any regulation needs to consider the legal nature of a cryptocurrency depending on its design and characteristics which includes the economic analysis of fintech's impact on the financial system and central bank policy, the design of legal and regulatory frameworks, and, the robustness of these technologies. (Source: Global Legal Post / 8 November 2018)
Nov 08 2018 |
Legal NewsThe Court of Appeal in Singapore decided that in divorce cases where one party is given the option to take over the other's share of the matrimonial property, mortgage payments should be borne by the eventual owner of the property since the payment of any outstanding mortgage would solely benefit that person. (Source: The Straits Times / 8 November 2018)
Nov 05 2018 |
Legal NewsThe Court of Appeal has granted leave to appeal to the Federal Court to decide on the issue of whether or not the Prime Minister is a public officer and whether the definition of ‘public officer’ should be confined to what is stated in the Interpretation Act 1948 and the Federal Constitution. The case involved the lawsuit against former Prime Minister Datuk Seri Najib Abdul Razak and the Government over the alleged misfeasance in public office. (Source: The Sun Daily / 5 November 2018)
Nov 05 2018 |
Legal NewsThe Girl Scouts of the United States of America have filed a lawsuit against the Boy Scouts of America after the latter announced that they would rename the ‘Boy Scouts of America’ to ‘Scouts BSA’ as this change could erode their brand and cause confusion. They are seeking damages and an injunction against trademark breaches. (Source: BBC / 5 November 2018)
Nov 02 2018 |
Legal NewsThe fate of more than 900 conscientious objectors who refused to serve the mandatory service in South Korea’s armed forces is expected to change after the Supreme Court acquitted a man who refused to serve in the military because of his religious beliefs. (Source: The Straits Times / 2 November 2018)
Nov 01 2018 |
Legal NewsHong Kong’s Securities and Futures Commission (SFC) issued its first set of regulations governing cryptocurrencies with an aim of making the city a major trading center for virtual assets. The SFC will also adopt new regulatory measures, such as the imposition of licensing conditions, to protect those investing in virtual asset portfolio or funds. (Source: Global Legal Post / 1 November 2018)
Oct 31 2018 |
Legal NewsA former secondary school student in rural Sabah is suing her teacher for not teaching English in her Form Four class back in 2015 which caused her to fail her English subject in the Sijil Pelajaran Malaysia (SPM) examinations. She claimed that the absence of the teacher was a denial of her rights and her classmates as it was the teacher’s duty to teach. (Source: The Star / 31 October 2018)
Oct 30 2018 |
Legal NewsThe Singapore High Court overturned an earlier decision by a district judge to include compensation awarded for pain and suffering in the pool of assets to be divided between husband and wife after a divorce as this is not acquired by a spouse's efforts during marriage. (Source: The Straits Times / 30 October 2018)
Oct 26 2018 |
Legal NewsThe proposal to have a minimum marriage age limit of 18 years old for both men and women, Muslims or non-Muslims has been presented to the Conference of Rulers. Malaysia has a unique administration system whereby the state and the federal government is different and each state has been vested with the powers to set the conditions for marriage. (Source: New Straits Times / 26 October 2018)
Oct 25 2018 |
Legal NewsThe Human Resource Ministry is in the midst of making it possible for foreign workers to be covered under the Social Security Organisation (Socso) to ensure they receive the same benefits as local workers. This is in line with the resolution under the International Foreign Workers Organisation which requires every country to have uniform benefits for local and foreign workers. (Source: The Sun Daily / 25 October 2018)
Oct 25 2018 |
Legal NewsBar Council has introduced Group Law Practice (GLP) as one of its initiative to help lawyers from small firms such as sole proprietorship and small partnerships to increase competitiveness and reduce its operating costs by allowing them to operate under one roof as part of the Bar Council’s reforms. (Source: The Star / 25 October 2018)
Oct 25 2018 |
Legal NewsGoogle has fired 48 employees in the past two years, including 13 senior executives, as a result of sexual harassment allegations, citing "an increasingly hard line" on inappropriate conduct in response to a New York Times report that it had covered up claims of sexual harassment. (Source: BBC / 25 October 2018)
Oct 24 2018 |
Legal NewsThe system of recruiting foreign workers through agents or companies will be abolished and taken over by the Human Resource Ministry via Private Employment Agencies (APS) which will be outsourced by the ministry to more than 100 companies. The move is to ensure the intake of foreign workers is better managed according to existing regulations and laws. (Source: New Straits Times/ 24 October 2018)
Oct 22 2018 |
Legal NewsUber has decided to appeal independently from Grab against the decision of the Competition and Consumer Commission of Singapore (CCCS) that its merger with Grab had driven up prices and violated the city-state's competition laws and on the ground that the CCCS’s claims were "unsupported and incorrect". (Source: The Sun Daily / 22 October 2018)
Oct 17 2018 |
Legal NewsThe Dewan Rakyat has passed the Children and Young Persons (Employment) (Amendment) Bill 2018 (‘the Bill’) which aims to improve protection for the group in employment and to ensure the labour laws of the country were in line with international standards especially the conventions of International Labour Organization (ILO). (Source: BERNAMA / 17 October 2018)
Oct 17 2018 |
Legal NewsThose whose sentences have been commuted from death penalty to 30 years life imprisonment following the proposed abolishment of the death penalty punishment in Malaysia will have to serve out their full jail term running from the date the pardons board commutes their death sentences to life imprisonment. (Source: The Star / 17 October 2018)
Oct 17 2018 |
Legal NewsCanada became the second country after Uruguay to legalise possession and use of recreational cannabis, making it the world’s second and largest country with a legal national marijuana marketplace. Under the new law, adults will be able to buy cannabis oil, seeds and plants and dried cannabis from licensed producers and retailers, and to possess a maximum of 30 grams of dried cannabis in public. Selling of cannabis to a minor will also incur imprisonment of up to 14 years. (Source: BBC / 17 October 2018)
Oct 16 2018 |
Legal NewsAudi, a subsidiary of Volkswagen, had to pay a fine of EUR800 million issued by German prosecutors to close a diesel cheating investigation for deviations from regulatory requirements in certain V6 and V8 diesel aggregates (motors) and diesel vehicles. The fine was on top of total costs in fines, buybacks and refits of more than EUR27 billion over its ‘dieselgate’ scandal. (Source: New Straits Times / 16 October 2018)
Oct 15 2018 |
Legal NewsThere will no longer be smoking-designated corners inside the Parliament building, which has now been declared as smoke-free. The decision follows a directive which bans smoking at all restaurants, food outlets and hawker stalls which will take effect Jan 2019. (Source: The Sun Daily / 15 October 2018)
Oct 12 2018 |
Legal NewsThe Supreme Court in Washington has abolished the death and ruled that the punishment was applied in an "arbitrary and racially biased manner". Washington is the 20th US State to ban death penalty. (Source: BBC / 12 October 2018)
Oct 11 2018 |
Legal NewsDeveloper BHL Construction Sdn Bhd and several house buyers has been granted leave to appeal by the Federal Court on five questions on law relating to their right. The case concerned the right to be heard of house buyers before developers were given more time to complete their projects. (Source: The Star / 11 October 2018)
Oct 10 2018 |
Legal NewsCivil activist Jolovan Wham and opposition politician John Tan are the first to be found guilty under new contempt of court laws after their Facebook posts had impugned the integrity and impartiality of the Singapore courts that had posed a risk to the public’s confidence in the administration of justice in Singapore. (Source: The Straits Times / 10 October 2018)
Oct 09 2018 |
Legal NewsThere has been calls for Article 1(2) of the Federal Constitution to be reverted to its original state which gave Sabah and Sarawak equal partnership with Malaya before the Malaysia Agreement 1963 (MA63) can be fully implemented. (Source: The Daily Express / 9 October 2018)
Oct 08 2018 |
Legal NewsSection 41 of the Road Transport Act 1987 will be reviewed to introduce a life-long driving ban and to provide harsher punishments to drivers who cause deaths while on the road. It was stated that the current maximum 10 year imprisonment sentence and three-year suspension of licence were inadequate. (Source: The Sun Daily / 8 October 2018)
Oct 08 2018 |
Legal NewsThe process to repeal the controversial Sedition Act is on track and expected to take place at the next sitting of Parliament as confirmed by the Communications and Multimedia Minister, Gobind Singh Deo. (Source: The Sun Daily / 8 October 2018)
Sep 27 2018 |
Legal NewsRide-hailing firm Uber will have to pay USD148 million (MYR612.7 million) to settle legal action brought by the US government and 50 states over its failure to disclose details of the data loss during a cyber-attack that exposed data from 57 million customers and drivers in 2016. (Source: BBC / 27 September 2018)
Sep 27 2018 |
Legal NewsIndia’s Supreme Court has ruled that adultery is no longer a criminal offence after a petition was made out to the Supreme Court claiming the law as arbitrary and discriminatory against men and women. The previous adultery laws dictates that women could not be punished as an abettor and that men were considered to be a seducer instead. Women were also not allowed to file a complaint against an adulterous husband. (Source: BBC / 27 September 2018)
Sep 27 2018 |
Legal NewsIn a landmark ruling, the Federal Court held that public authorities at federal and state levels can sue individuals for defamation. The case concerned the filing of a defamation suit against Chong by the Sarawak government and the state Financial Authority over allegations of disappearing money which was published in a Chinese national daily and a news portal distributed by him. (Source: THE STAR / 27 September 2018)
Sep 25 2018 |
Legal NewsThe Competition and Consumer Commission of Singapore fined Uber Technologies Inc (‘Uber’) and Grab with a combined amount of SGD13 million (MYR39.4 million) for antitrust violations after the Asian ride-hailing giant acquired its US rival’s regional operations and concluded that their merger in March had driven up prices. (Source: THE STAR / 25 September 2018)
Sep 25 2018 |
Legal NewsThe European Union (EU) has referred Poland to the EU court of justice following the passing of a new controversial law which lowers the retirement age of Supreme Court judges from 70 to 65 years of age. This would result in the requirement of 27 out of the 72 sitting Supreme Court judges to retire. (Source: GLOBAL LEGAL POST / 25 September 2018)
Sep 20 2018 |
Legal NewsThe High Court of Singapore has dismissed a woman's bid to use WhatsApp messages from her deceased husband as evidence to support her claim that he had wanted all his Central Provident Fund (CPF) money to go to their two sons. It was held that a CPF member's funds must be bequeathed through nominations or distributed via intestacy laws. (Source: THE STRAITS TIMES / 20 September 2018)
Sep 19 2018 |
Legal NewsThe cabinet has agreed to lower the voting age from 21 to 18 as the latter is the age of adulthood in Malaysia and it is deemed as an age to take full responsibility of one's actions, such as being eligible to sit for the driving examination, marriage or to sign contracts. The decision of the cabinet to lower the voting age will be part of other amendments being studied for a more transparent and fair election in the country. (Source: THE SUN DAILY / 19 September 2018)
Sep 19 2018 |
Legal NewsThe International Criminal Court's (ICC) prosecutor has commenced a preliminary probe into Myanmar's alleged crimes of killing, sexual violence, enforced disappearance, destruction and "hard to fathom" levels of violence against the Rohingya Muslims for possible prosecution of genocide. (Source: THE STRAITS TIMES / 19 September 2018)
Sep 18 2018 |
Legal NewsThe Singapore High Court has dismissed a lawsuit brought by the former chief executive officer (CEO), Mr. Cheo, of a social media company called Netccentric, who accused his co-founder, Mr. Tiah, of "betrayal" on the ground that there was no evidence to support Mr Cheo's claim that Mr Tiah had agreed to let him remain as Netccentric's CEO for three years. (Source: THE STRAITS TIMES/ 18 September 2018)
Sep 16 2018 |
Legal NewsIn reversing the Shah Alam High Court’s ruling, the Court of Appeal has granted a Buddhist businessman the sole guardianship of his children who were unilaterally converted by the former wife without his knowledge and consent on the ground that that the action of the ex-wife unilaterally converting the children to Islam itself was not done in the best interests of the children. (Source: THE STAR / 16 September 2018)
Sep 13 2018 |
Legal NewsThe move to repeal the controversial Anti-Fake News Act (“the Act”) will be delayed for at least one more year as the proposal to repeal the Act was rejected at the last Dewan Negara sitting. (Source: THE STAR / 13 September 2018)
Sep 12 2018 |
Legal NewsIn a landmark ruling, the High Court of Singapore has allowed KordaMentha, the liquidators of a mobile phone operator company, Trikomsel, to proceed with a commercial third-party funding arrangement to obtain financial support from Australia-listed litigation funder IMF Bentham for investigations and potential claims. This confirms that commercial funding of claims arising out of an insolvency is permitted in Singapore. (Source: BUSINESS TIMES / 12 September 2018)
Sep 12 2018 |
Legal NewsUser-generated content, such as memes and parodies are affected as the new copyright laws that require all internet platforms to filter content placed online by users and forces online platforms to pay news organisations for the use of their content have been approved by members of the European Parliament. (Source: BBC / 12 September 2018)
Sep 11 2018 |
Legal NewsThe Insolvency, Restructuring and Dissolution Bill (‘the Bill’), which aims to strengthen debt restructuring regimes and regulate insolvency practitioners by consolidating personal and corporate insolvency and debt restructuring laws into a single piece of legislation, has been tabled in the Singapore Parliament. (Source: BUSINESS TIMES / 11 September 2018)
Sep 06 2018 |
Legal NewsWide-ranging review of the Singapore Penal Code that aim to better protect women, minors and other vulnerable people has been tabled by a review committee to the Singapore Government. The proposal includes protection on minors from sexual predators, enhanced punishment for crimes committed against children, domestic maids and adults with disabilities, as well as proposals to update the 150-year-old Penal Code with new laws to tackle emerging crime trends, such as voyeurism. (Source: THE STRAITS TIMES / 6 September 2018)
Sep 05 2018 |
Legal NewsThe new national minimum wage for workers in the private sector has been set at MYR1,050 per month, or MYR 5.05 per hour effective 1 January 2019. The current minimum wage is MYR1,000 in Peninsular Malaysia and MYR920 in Sabah, Sarawak and Labuan. (Source: THE SUN DAILY / 5 September 2018)
Sep 04 2018 |
Legal NewsSection 233 of the Communications and Multimedia Act 1998 (CMA) which deals with the improper use of network facilities or network service and section 211 of the CMA that prohibits the publication of offensive content on the Internet will be amended as they are deemed to be very broad. (Source: THE STAR / 4 September 2018)
Sep 03 2018 |
Legal NewsSection 70 of the Street, Drainage and Building Act 1974 (Act 133) amendments will be tabled at Parliament in October and expected to be enforced next year. It will enable local authorities (PBT) to periodically regulate buildings and premises located in sloping areas by making it mandatory to prepare a geotechnical report on every development in areas involving slopes of over 25 degrees and an altitude of over 10 metres and must verified by certified inspectors registered with the Malaysian Board of Engineers to ensure safe building structures. (Source: THE STRAITS TIMES / 3 September 2018)
Sep 03 2018 |
Legal NewsFounders of social media influencer network Nuffnang, Cheo Ming Shen and Timothy Tiah, are currently engaged in legal proceedings against each other with Cheo accusing Tiah of "betrayal" when Cheah alleged that he was forced out as CEO of Nuffnang's parent company Netccentric. (Source: THE STRAITS TIMES / 3 September 2018)
Sep 03 2018 |
Legal NewsRatings agency Moody's appeal against the Securities and Futures Commission’s (SFC), which regulates Hong Kong's securities, futures markets and regulatory proceedings has been dismissed by Hong Kong’s Court of Final Appeal. These proceedings relate to a report issued by the company in 2011 in which the SFC had alleged that the report violated the regulatory body’s code of conduct. (Source: THE SUN DAILY / 3 September 2018)
Aug 30 2018 |
Legal NewsLoob Holding Sdn Bhd of Tealive and La Kaffa International Co Ltd of Taiwan of Chatime have reached an out-of-court settlement to resolve their franchise disputes. Both parties have agreed to withdraw all proceedings in Malaysian courts and arbitration in Singapore. (Source: THE STAR / 30 August 2018)
Aug 28 2018 |
Legal NewsThe Malaysian judiciary created history when a nine-member Federal Court bench chaired by the Chief Justice of Malaysia Tan Sri Richard Malanjum, convened for the first time to determine the constitutionality of a Shariah Advisory Council’s (SAC) ruling which purportedly binds the Civil High Court in a commercial dispute. (Source: THE SUN DAILY / 28 August 2018)
Aug 28 2018 |
Legal NewsThe Yang di-Pertuan Agong, Sultan Muhammad V, has given his consent to implement the Sales and Services Tax (SST). The SST will come into force from 1 September 2018, replacing the abolished Goods and Services Tax (GST). (Source: BERNAMA / 28 August 2018)
Aug 24 2018 |
Legal NewsAn American Muslim woman has sued the US Customs and Border Protection (CBP) (“the agency”) over the seizure of her smartphone for 120 days. It was alleged that the search and seizure of the smartphone had violated her rights under the Fourth Amendment as there was neither probable cause nor a warrant to search the phone. (Source: BBC / 24 August 2018)
Aug 24 2018 |
Legal NewsThe Inland Revenue Board (IRB) is being investigated for Criminal Breach of Trust under section 409 of the Penal Code for alleged misappropriation and misuse of taxpayers’ money following the huge amount of outstanding tax refunds due to taxpayers. (Source: NEW STRAITS TIMES / 24 August 2018)
Aug 24 2018 |
Legal NewsProctor & Gamble has applied to trademark (“the applications”) the popular acronyms such as the terms “LOL” (Laugh Out Loud) and “NBD” (No Big Deal) with the US Patent and Trademark Office. The applications however have yet to be approved. (Source: BBC / 24 August 2018)
Aug 23 2018 |
Legal NewsThe ‘Blockchain Law Society’, which was set up by a group of South Korean blockchain experts, draws on experts from legal bodies, universities and other industry specialists in order to study the legal aspects of the new technology and to develop legislation for regulating blockchain which can be applied to the diverse areas of the economy and society. (Source: GLOBAL LEGAL POST / 23 August 2018)
Aug 23 2018 |
Legal NewsUS tech giant Apple has failed to stop Swiss watch giant, Swatch, from registering "Tick Different" as a trademark, because of the conceptual, visual and aural dissimilarities with Apple’s registered trademark, “Think Different”. The Intellectual Property Office of Singapore (Ipos) has allowed Swatch to register “Tick Different” on the ground that the average consumer would conclude that the marks are more dissimilar than similar. (Source: THE STRAITS TIMES / 23 August 2018)
Aug 20 2018 |
Legal NewsAfter a five-year custody tug-of-war between the parents, the Court of Appeal in Singapore reversed a High Court decision and ordered a six-year-old boy to remain in the care and control of his Singaporean father instead of his Mongolian mother in London. (Source: THE STRAITS TIMES / 20 August 2018)
Aug 17 2018 |
Legal NewsThe new South African Films and Publications Amendment Bill looks to empower the Film and Publication Board to facilitate the removal of child pornography wherever it is published by criminalising the possession of child pornography by the public. (Source: GLOBAL LEGAL POST / 17 August 2018)
Aug 16 2018 |
Legal NewsThe Swedish labour court ruled that the company that ended a Muslim woman’s interview when she declined to shake the hand of a male interviewer for religious reasons had discriminated against her and ordered the company to pay 40,000 kronor (USD4,350) in compensation. (Source: BBC NEWS / 16 August 2018)
Aug 14 2018 |
Legal NewsThe Human Resource Ministry has made it compulsory for employers to advertise job vacancies in their companies on the JobsMalaysia portal to give priority to the hiring of local workers in the wake to overcome the epidemic of hiring foreign workers over local workforce. (Source: THE SUN DAILY / 14 August 2018)
Aug 14 2018 |
Legal NewsThe Filipino Congress has approved a Bill to organise and regulate Islamic banks in the country, a material step in its long financial inclusion journey towards building a sustainable Shariah financial system for its Muslim minority to organize and regulate Islamic banks in the country. (Source: PHILIPPINE NEWS AGENCY / 14 August 2018)
Aug 13 2018 |
Legal NewsA California jury had held, in a landmark suit against the agricultural giant, Monsanto, that its herbicides including Roundup had caused a school groundkeeper to suffer lymphoma cancer. Monsanto was ordered to pay USD289 million in compensatory and punitive damages. (Source: GLOBAL LEGAL POST / 13 August 2018)
Aug 11 2018 |
Legal NewsChildcare facilities needs to be made mandatory in an effort to retain women in the workforce as reiterated by the Deputy Women, Family and Community Development Minister. The setting up of childcare centres must be prioritised and will be made mandatory to all ministries by 2019. (Source: THE SUN DAILY / 11 August 2018)
Aug 09 2018 |
Legal NewsThe Employees Provident Fund (EPF) and ride-hailing service provider, Grab Malaysia, has signed a memorandum of understanding in order to encourage the ride-hailing driver-partners community to participate in the Caruman Sukarela Insentif Persaraan (i-Saraan), a voluntary retirement savings programme by EPF. (Source: THE SUN DAILY / 9 August 2018)
Aug 09 2018 |
Legal NewsIndia has passed the Prevention of Corruption (Amendment) Act 2018 which now criminalises the act of paying bribes to government officials by both businesses and individuals. Those found guilty may be subjected to up to 7 years imprisonment. The amendment was made in order to widen the scope of those may be criminalised amid the rise in corruption cases in India. (Source: GLOBAL LEGAL POST / 9 August 2018)
Aug 07 2018 |
Legal NewsThe Ministry of Finance Singapore has imposed a levy on stamp duties for electronic records that effect a transfer of interest in immovable properties and shares in accordance with its new Stamp Duties (Amendment) Bill 2018. No changes were made to tax rates or rules on property buyers and sellers. (Source: BUSINESS TIMES / 7 August 2018)
Aug 06 2018 |
Legal NewsThe Federal Court Chief Registrar’s Office was preparing to expand the Special Court for Sexual Crimes Against Children (“the Court”), which focuses on cases such as child pornography, child grooming and child sexual assault, to Selangor, Pahang and Johor. The Court has been in operation in Putrajaya since June 2017 and in Kuching, Sarawak since 18 April 2018. (Source: BERNAMA / 6 August 2018)
Aug 03 2018 |
Legal NewsApple was ordered to pay Canadian company WiLan USD145 million in damages for a patent infringement. The two patent infringements involved the ‘method and apparatus for bandwidth request protocols in a wireless communication system’ and ‘adaptive call admission control for use in a wireless communication system’. (Source: GLOBAL LEGAL POST / 3 August 2018)
Aug 01 2018 |
Legal NewsA superior court of Quebec has ordered a cyber-scammer to a pay a fine in cryptocurrrency - 470 PlexCoin tokens, worth around USD3.7 million, or be sentenced to imprisonment. The case involved one Mr. Dominic Lacroix, a businessman, who had launched an initial coin offering on social media to fund a digital token startup called PlexCoin, which was later identified as a crypto-currency scam. (Source: GLOBAL LEGAL POST / 1 August 2018)
Aug 01 2018 |
Legal NewsThe Communications and Multimedia Ministry, in expressing the importance of Internet access is proposing a Bill to make it compulsory for all new housing projects to be installed with Internet facility. Under the proposed Bill, internet facility will be categorised as a utility, similar to electric and water supply. (Source: BERNAMA / 1 August 2018)
Jul 31 2018 |
Legal NewsThe Dubai International Financial Centre (DIFC) Courts has announced that it is partnering with the “smart Dubai” initiative to set up the world’s first ‘Court of the Blockchain’. The aim of the alliance is to explore how Blockchain can aid verification of court judgments for cross-border enforcement, which includes streamlining the judicial process, removing document duplications and driving greater judicial efficiency across the legal ecosystem. (Source: GLOBAL LEGAL POST / 31 July 2018)
Jul 30 2018 |
Legal NewsThe Malay Rulers at the Pre-Council of the 249th Conference of Rulers have consented to the formation of a high-level panel on the Federal institutions of Islam including the legal and judicial Syariah agencies to safeguard the position of Islam in Malaysia as provided for in Article 3 of the Federal Constitution. (Source: NEW STRAITS TIMES / 30 July 2018)
Jul 27 2018 |
Legal NewsAn appeal by the National Registration Department (NRD) and two others against a ruling by the Court of Appeal that a Muslim child conceived out of wedlock can bear his father’s surname instead of “Abdullah” will be reheard afresh by the Federal Court in October. This is in line with the newly-appointed Chief Justice Tan Sri Richard Malanjum’s directive that all Federal Court cases pertaining to constitutional issues be heard by a nine-man bench instead of the previous five-man bench. (Source: THE SUN DAILY / 27 July 2018)
Jul 26 2018 |
Legal NewsA lawsuit against US President Donald Trump for the alleged violation of the US Constitution by still maintaining a financial interest in his company's Washington hotels whilst still in office has moved forward to the next stage. The US federal judge, had construed the word “emoluments” under the Foreign and Domestic Emolument Clauses in a broader manner, which included any profits, including those gained from private transactions. (Source: THE STRAITS TIMES / 26 July 2018)
Jul 25 2018 |
Legal NewsA single entity to oversee the provision of affordable homes will be established by year end to replace the current six agencies namely: 1Malaysia People's Housing Programme (PR1MA), UDA Holdings Bhd, Syarikat Perumahan Negara Bhd, Federal Territories Affordable Housing (Rumawip), Housing Project for the Hardcore Poor (PPRT) and the 1Malaysia Housing Project for Civil Servants (PPA1M) for streamlined management. (Source: THE SUN DAILY / 25 July 2018)
Jul 24 2018 |
Legal NewsThe Prime Minister’s Department has proposed to table a Bill in Parliament towards enacting the Religious and Racial Hatred Act, in order to protect religious and racial sensitivities from insults in the wake of increasing cases of religious insults and racial slurs which are making their rounds on social media. (Source: THE STAR / 24 July 2018)
Jul 23 2018 |
Legal NewsThe Bar Council and the Rules Committee will engage with The Attorney-General's Chambers (AGC) to abolish Order 53 Rule 3(3) of the Rules of the Court 2012. The AGC will dispense with the requirement of service of cause papers to the Chambers in concurrent with application for leave not later than three days before the hearing date as the majority of judicial review matters do not concern the public and is private in nature. (Source: THE SUN DAILY / 23 July 2018)
Jul 21 2018 |
Legal NewsAfter months of campaigning by human rights activists in India, the government has finally abolished its 12% tax on all sanitary products after the tax was introduced about a year ago. (Source: BBC / 21 July 2018)
Jul 19 2018 |
Legal NewsThe Singapore High Court in a landmark ruling has issued an order in favour of the Motion Picture Association of America, which allows any Web address linked to blocked piracy websites to be blocked too The ruling targets a common method used by piracy website owners which allows users sidestep blocked content by using alternative Web addresses. (Source: THE STRAITS TIMES / 19 July 2018)
Jul 17 2018 |
Legal NewsThe finance ministry has confirmed that the government will impose a 6% tax under the reintroduced sales and services tax (SST), and a 10% tax on the sale of goods which will be implemented starting 1 September 2018. (Source: THE STAR / 17 July 2018)
Jul 16 2018 |
Legal NewsThe Federal Court has granted Tealive operator, Loob Holding Sdn Bhd, a stay of execution to temporarily stop the injunction granted by the Court of Appeal against it by Taiwanese Tea company, La Kaffa International Co Ltd. La Kaffa has initially sought the injunction to stop Loob Holding from operating a business similar to the Chatime bubble tea brand. (Source: THE STAR / 16 July 2018)
Jul 14 2018 |
Legal NewsThe newly formed Pakatan Harapan government has pushed the Attorney General’s Chambers to review all ongoing sedition cases that was prosecuted during the governance of the previous BN government to uphold the new policy of the current government that promoted freedom of speech and expression of the people. (Source: THE STAR / 14 July 2018)
Jul 13 2018 |
Legal NewsPharmaceutical giant company Johnson & Johnson was ordered to pay damages amounting to USD4.7 billion to 22 women alleged to have develop ovarian cancer from using its baby powder and talc products. (Source: BBC / 13 July 2018)
Jul 12 2018 |
Legal NewsThe Oil Mining (Amendment) Bill 2018 was passed by the Sarawak State Assembly which requires only one licence for exploration, prospecting and mining of oil and gas, replacing the previous requirement to have three licenses under the Oil Mining Ordinance 1958. (Source: THE SUN DAILY / 12 July 2018)
Jul 12 2018 |
Legal NewsThe Native Customary Rights (NCR) in Sarawak has been further strengthened under the Land Code (Amendment) Bill 2018 (“the Bill”). The Bill will ultimately improve the land administration and reinforce the statutory safeguards for native customary rights to land. (Source: NEW STRAITS TIMES / 12 July 2018)
Jul 11 2018 |
Legal NewsThe Singapore High Court has ruled that damages awarded to any party should be included in the matrimonial assets pool if the said damages is received during the marriage. It was held that the compensation sum was a matrimonial asset because it was neither a “gift” nor an “inheritance” as defined under the Women’s Charter. (Source: THE STRAITS TIMES / 11 July 2018)
Jul 11 2018 |
Legal NewsThe Malaysia Competition Commission (MyCC) has proposed a MYR17.4 million fine to Dagang Net Technologies Sdn Bhd for allegedly breaching Section 10(1) read with Section 10(2)(c) of the Competition Act 2010 for abusing its position as a monopoly in the provision of trade facilitation services under the National Single Window. (Source: THE SUN DAILY / 11 July 2018)
Jul 10 2018 |
Legal NewsThe Parliament in Singapore has passed the Small Claims Tribunals (Amendment) Bill which increases the default claim limit from $10,000 to $20,000, and up to $35,000 upon agreement if the parties involved. Duration for making a claim is also extended to two years from the original one year. This allows parties to settle their claims before the tribunal at a lesser cost. (Source: SINGAPORE LAW WATCH / 10 July 2018)
Jul 06 2018 |
Legal NewsIn parallel with UK’s status quo as the global legal centre, the country is ready to make big investment is to tackle today’s age of crimes such as cybercrime and fraud. (Source: GLOBAL LEGAL POST / 6 July 2018)
Jul 06 2018 |
Legal NewsGrab’s acquisition of American’s Uber has rendered as contravening the Competition laws as stated by the Competition and Consumer commission of Singapore (CCCS). (Source: SINGAPORE LAW WATCH / 6 July 2018)
Jul 05 2018 |
Legal NewsThe Lawyers for Liberty claimed that the gag order by the judge in the Criminal Breach of Trust (CBT) trial of Datuk Seri Najib Abdul Razak breached the Federal Constitution and that judges do not have powers to issue such orders. It I stated that Article 10 of the Federal Constitution stipulates the right to freedom of speech and expression, which also includes the freedom of the press. (Source: THE SUN DAILY / 5 July 2018)
Jul 02 2018 |
Legal NewsThe marriage between an 11 year-old-girl with a 41-year-old-man is deemed illegal. This is because according to the Islamic Family Law Enactment, the minimum legal age for marriage is 18 for a male and 16 for a female. Those under the legal minimum age may be permitted to marry only when they attain the consent of the syariah court and their parents. There has been calls for the Child Act 2016 and the Islamic Family Enactment to be amended to raise the minimum marriage age for women from 16 to 18. (Source: NEW STRAITS TIMES / 2 July 2018)
Jul 01 2018 |
Legal NewsEight of the government’s agencies that was previously operating independently from the government has been restructured to be reporting directly to the Parliament. This is the newly elected government’s move to restore checks and balances within the administrative structure and management. (Source: THE SUN DAILY / 1 July 2018)
Jun 01 2018 |
Legal NewsLex Quanta, founded by four law students, has developed a simulator which predicts division of matrimonial property by computing factors through an algorithm...
Jun 01 2018 |
Legal NewsThe Singapore International Commercial Court (SICC) can now hear any proceedings relating to international commercial arbitration as the High Court under the International Arbitration Act...
Jun 01 2018 |
Legal NewsSecurities Commission Malaysia (SC) has issued a direction for an initial coin offering (ICO) in Malaysia to cease its launch and other related activities...
Jun 01 2018 |
Legal NewsThe Federal Court in Mat Suhaimi bin Shafiei v Kerajaan Malaysia, has quashed a Court of Appeal ruling that intention must be proven in every sedition case...