Announcement, Legislation Updates, Legal News, Case Updates, Articles, Newsletter
Apr 15 2020 |
articlesIn 2019, Malaysia improved 10 places to 51 out of 180 countries in Transparency International's annual Corruption Perception Index last year, compared with its position in 2018 wherein Malaysia ranked 61 out of 180 countries. However, it is still a troubling fact to many Malaysians that Malaysia remains below many of its Asian counterparts, with neighbours Brunei Darussalam at 35th place and Singapore far ahead in 4th place. Within that context, on 5th April 2018, Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”) was amended to newly incorporate Section 17A, a provision to deal with corporate liability for corruption. It was expressly noted by the Malaysian government when the amendments were tabled in Parliament that the new Section 17A of the MACC Act is modelled after the United Kingdom Bribery Act 2010. As the law comes into force on 1st June 2020, companies in Malaysia have a mere 2 months (as of date of publication of this article) to be ready to comply with the new anti-bribery measure.
Nov 21 2019 |
articlesThe Industrial Relations (Amendment) Bill (“the Bill”) was tabled in the Malaysian Parliament for first reading on 7 October 2019 and was passed by the Dewan Rakyat on 9 October 2019.
Oct 11 2019 |
articlesOn 4 April 2018, the Malaysian Parliament passed the Limitation (Amendment) Bill 2018, which was subsequently granted the Royal Assent by the Yang di-Pertuan Agong on 27 April 2018. On 4 May 2018, the Bill was then gazetted into law as the Limitation (Amendment) Act 2018, and came into force on 1 September 2019
Jul 08 2019 |
articlesIn a landmark decision with a historic nine-member panel of judges, the Federal Court in the case of JRI Resources Sdn Bhd v Kuwait Finance House (M) Bhd (President of Association of Islamic Banking Institutions Malaysia & Anor, interveners)5 held that any decision by the Central Bank of Malaysia’s (Bank Negara Malaysia) Shariah Advisory Council (SAC) on Islamic finance is constitutional and binding on civil courts. In this article, we examine the facts, issues and ruling of the case.
Jul 08 2019 |
articlesIn this article, we aim to narrate the essentials of the General Data Protection Regulation (GDPR) and Malaysia’s Personal Data Protection Act 2010 (PDPA) to give a better understanding of GDPR’s application in Malaysia and also an overview of what needs to be done for Malaysian businesses receiving personal data from individuals of European Union (EU) member states.
Jul 08 2019 |
articlesThe introduction of instant messaging, namely WhatsApp, has changed the mode of communication in a workplace. It is now recognised as being a platform for fast, direct and professional communication. It is commonplace for employers to create different WhatsApp groups for employees in order to cater to different needs. The golden question here is whether an employee, upon deciding to quit a work WhatsApp group, can be used as a ground for dismissal.
Dec 18 2018 |
articlesThe 2019 Budget was unveiled by the Finance Minister, Lim Guan Eng, on 2 November 2018 and was passed by the Dewan Rakyat on 6 December 2018. The theme of the Budget was “A Resurgent Malaysia, A Dynamic Economy, A Prosperous Society”. In this article, we brief our readers on the highlights of the Budget 2019.
Dec 18 2018 |
articlesThe internet has dominated people from all walks of life with the online culture taking the world by storm. There is indeed an undeniable shift of information into cyberspace with individuals, companies and organisations taking their businesses online in a race to be the most technologically advance. Alas, issues concerning breaches of data surfaced, with millions of users’ data exposed. Thus, in light of the major privacy breaches, the European Union (“EU”) has adopted the General Data Protection Regulation2 (“GDPR”) in order to regulate and strengthen data protection of individuals in the EU.
Dec 18 2018 |
articlesThe Industrial Court of Malaysia has ruled on the inclusion of service charge in calculating wages in meeting the minimum wage requirement. In this article, we examine the facts, issues and ruling of the case.
Jun 01 2018 |
articlesCryptocurrencies and Initial Coin Offerings (ICO) have hit both local and international news headlines since last year. The fluctuating graph of Bitcoin value, the banning of ICO by the world’s second largest economy – China, as well as the ban introduced by Facebook on the advertisements of cryptocurrencies and ICO really stirred investors up. In this article, we share with our readers on the legal position of cryptocurrencies and ICO in Malaysia.
Jun 01 2018 |
articlesIn a landmark decision, the Singapore Court of Appeal in the case of Hii Chii Kok v Ooi Peng Jin London Lucien and another has adopted a new legal test in determining whether a doctor has been negligent in dispensing medical advice. In this article, we examine the facts, issues, and rulings of the case.
Jun 01 2018 |
articlesJob applicants are generally required to provide references from their former employers, which is then used by the prospective employers to assess the applicant’s character and abilities. No standard of care was previously set in preparing such references until the landmark case of Ramesh s/o Krishnan v AXA Life Insurance Singapore Pte Ltd . The Singapore Court of Appeal in that case had laid out the standard of care expected of an employer to their former employees. In this article, we examine the facts, issues and the standard of care set out in the case.
Sep 29 2017 |
articlesAmendments have been made to three Acts, namely the National Land Code 1965 ("the NLC"), Strata Titles Act 1985 ("the STA"), and Land Acquisition Act 1960 ("the LAA"). The amendments to the NLC and STA came into force on 1 January 2017 while the enforcement date for the amendments to the LAA is yet to be announced.
Jul 06 2017 |
articlesA new market, known as the Leading Entrepreneur Accelerator Platform (LEAP) Market, has been introduced in Malaysia. The LEAP Market is the third market in addition to the existing Main and ACE Markets. It offers lower entry requirements for the small and medium-sized enterprises (SMEs) in Malaysia.
May 17 2017 |
articlesThe former Bankruptcy Act 1967 ("the previous Act") has been renamed Insolvency Act 1967 ("the new Act") pursuant to the amendments made via the Bankruptcy (Amendment) Act 2017. Although the amendments have been gazetted, its enforcement date is yet to be appointed.
Nov 03 2016 |
articlesThe Malaysian Federal Court in the case of Mohd Ridzwan bin Abdul Razak v Asmah bt Hj Mohd Nor recently delivered a landmark judgment, ruling that victims of sexual harassment will now be able to seek civil remedies under the tort of sexual harassment. This is the first case involving a sexual harassment victim at a workplace who sought remedy from the civil court. There was previously no avenue for a civil action for sexual harassment under Malaysian law.
May 17 2016 |
articlesIn Malaysia,the National Minimum Wages initiative was first introduced and announced by the Malaysian Prime Minister, Dato' Seri Najib Tun Razak in his budget speech on 15 October 2010.
Apr 18 2016 |
articlesThe Trans-Pacific Partnership Agreement ("TPPA") is a multilateral free trade agreement which aims to further liberalise the economies of the Asia-Pacific region. Although the TPPA has been widely and extensively discussed over the past few years, many are still in the dark regarding what it actually entails. In this article, we examine the general features as well as some highlights of the TPPA.
Dec 22 2015 |
articlesIf one were to ask who owns the copyright in famous photographs such as the Afghan Girl, The Terror of War, and Migrant Mother, it is indisputably Steve McCurry, Nick Ut, and Dorothea Lange respectively.
Oct 23 2015 |
articlesThe Strata Management Act 2013 which came into force on 1 June 2015, seeks to provide for matters relating to the proper maintenance and management of buildings and common property. The Act is applicable in Peninsular Malaysia and the Federal Territories.
May 27 2015 |
articlesThe Court of Appeal, in the recent decision of Airasia Bhd v Rafizah Shima Mohamed Aris, ruled on the extent in which the Federal Constitution applies in an employment contract between private parties, and the applicability of the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") in Malaysia.
Jan 25 2015 |
articlesIn October 2014, the Federal Court in Harianto Effendy Zakaria & Ors v Mahkamah Perusahaan Malaysia & Anor, upheld the dismissal of nine former bank employees by Bumiputera Commerce Bank Berhad (now known as CIMB Bank) ("the Bank") for unlawful picketing at the premises of the Bank.
Aug 28 2014 |
articlesIn June 2014, the Malaysian Industrial Court, in its landmark decision, ruled on the issue of a hotel employee’s salary structure. The judgment, fully supported by the Malaysian Trades Union Congress ("MTUC") is now a precedent which ought to be followed by those in the hospitality industry.
Jun 05 2014 |
articlesBank Negara Malaysia ("BNM") has always been a champion of Islamic finance in terms of regulatory mechanisms and its implementation.
Sep 05 2013 |
articlesSection 233 of the Communications and Multimedia Act 1998 addresses improper use of network facilities and network service. It provides, amongst others, for the creation or transmission of obscene or offensive communication, which is intended to annoy, abuse or threaten another.
Jul 01 2013 |
articlesAmendments to the Central Bank of Malaysia Act 2009 (‘the Act’) came into operation on 8 February 2013.
Dec 10 2012 |
articlesThe much anticipated Rules of Court 2012 (ROC) came into effect on 1 August 2012. The ROC, in combining the Subordinate Court Rules 1980 and the Rules of the High Court 1980, aims to streamline civil procedure in the Subordinate Courts and High Courts.
Jul 24 2012 |
articlesNetizens in Malaysia, now share a common fear and feeling of uneasiness following the swift passing of the amendments to the Evidence Act 1950.
Nov 30 -0001 |
articlesThe Netting of Financial Agreements Act 2015 came into force on 30 March 2015. It seeks to provide a legal framework governing close-out netting for financial transactions in Malaysia.