Press release: Hasty issuance of Temporary Operating Licence to Lynas without proper consideration of public feedback smacks of recklessness
Posted by Web Administrator
Tuesday, 07 February 2012 01:20pm
The Malaysian Bar deplores the Atomic Energy Licensing Board (“AELB”)’s almost immediate approval of a Temporary Operating Licence for Lynas on 30 January 2012, only four days after 1,123 comments had been submitted by members of the public during the period from 3 to 26 January 2012.
It beggars belief that AELB could have adequately and properly considered the 1,123 public comments within merely two working days. The only natural conclusion is that the whole public consultation process is a sham and charade, in contravention of one of the recommendations of the International Atomic Energy Agency (“IAEA”)’s report dated 30 June 2011, which the Government had pledged to comply with; namely, to inform interested and affected parties of the regulatory requirements, and to involve them. Implicit in this is that AELB would do so in an adequate and proper manner.
Furthermore, no Detailed Environmental Impact Assessment (“EIA”) has been conducted for the Lynas Advanced Materials Plant (“LAMP”) project, although such a requirement should, and would, be applicable. This prerequisite is set out in the amended List of Prescribed Activities, item 17 of which states, “Prescribed activity using radioactive material(s) and generating radioactive waste(s)”. The amendment to include such activities was effective on 20 June 2011, prior to the issuance of IAEA’s report dated 30 June 2011.
Today, the Federal Court hears a special Constitutional Reference from the Shah Alam High Court which will have very far reaching consequences for a small minority of Malaysians living a double life. These Malaysians are forced into having an official “Muslim” identity, when they in fact profess and practice a different religion.
An Indian Malaysian, Zaina Abdin @ Balachandran, who says he has spent the whole of his life – more than 60 years now – as a Hindu, is being unconstitutionally treated as a “Muslim” by the authorities.
Bala’s father, also of Indian ethnicity, went through a formal conversion process in order to marry his Indian Muslim mother in the 1950s. But Bala’s father and mother lived as Hindus and continued to profess and practice Hinduism as their religion.
In the early 1970s, Bala officially changed his name by a Deed Poll published in the Government Gazette. He went through a marriage registered under the Law Reform (Marriage and Divorce) Act 1976 to his Hindu wife, and was blessed with 3 children.
SHAH ALAM (Feb 2, 2012): The Prisons Department is moving towards correction instead of detention, with the implementation of four programmes to rehabilitate offenders through activities outside the prison walls.
Deputy Home Minister Datuk Wira Abu Seman Yusop said the four programmes designed to achieve this goal are parole system, rehabilitation at army camps, Compulsory Attendance Centre (CAC) and halfway houses.
"The department is more about rehabilitation and less about keeping detaining or penalties," he said at the department's excellent service award presentation ceremony today.
"One of the achievements the department can be proud of is its parole system," Abu Seman said, adding that 1,196 prisoners were released under the programme in 2011 instead of only 722 in its initial year (2009-2010).
According to the department's statistics, a total of 3,146 prisoners have been released through the parole system from August 2003 to December 2011, which works out to a savings of RM40.1 million in operational costs.
KUALA LUMPUR: Coroner Zulkpli Abdullah led the inquest into the death of taxi driver Baharudin Ahmad at the Bersih 2.0 rally by paying a visit to the Avenue K building in Jalan Ampang here.
The coroner was accompanied by Deputy Public Prosecutors Kalmizah Salleh, Ahmad Ishrakh Saad and Mohamed Shah Reza Noor Azman, lawyer Mohd Fikah Sanusi, who is holding a watching brief for Baharudin's family, and the tenth witness Silahuddin Salim.
During the 25-minute visit, which started at 4.50pm, Silahuddin explained what happened outside the building, including the position of the roller shutters. He proceeded to demostrate Baharudin's position in the lobby area during the rally on July 9.
Asked by Kalmizah, Silahuddin said he was carrying out an inspection with a technician outside the building when he saw a crowd running towards the building.
PUTRAJAYA: The brother of Teoh Beng Hock has been granted leave by the Court of Appeal to review a coroner's open verdict on the late political aide's death.
In a unanimous decision, the three-man bench led by judge Justice Sulaiman Daud allowed the leave application by Teoh Meng Kee here yesterday.
Meng Kee was given 14 days to file a notice of appeal.
Following this, the Court of Appeal will decide whether the conclusion of an inquest should be based on evidence beyond reasonable doubt or the balance of probability.
Teoh, who was political aide to Selangor executive councillor Ean Yong Hian Wah, was found dead outside Plaza Masalam in Shah Alam, where the Malaysian Anti-Corruption Commission headquarters is located, a day after he was interrogated overnight on July 16, 2009.
It is going to be a tempestuous year with more developments in the social media scene, and a digital war may erupt between Internet users, companies and governments.
MALAYSIA’S social media sphere hit a milestone last year. Facebook users reached 12 million in Malaysia as at December and Twitter users reached about 470,000 as at October.
Defamation actions and criminal charges against people for alleged misuse of social media have also become normal. There have been interesting developments in the social media and Internet legal scene.
Last year saw an increase in the use of social media by the legal profession to market their services. Some lawyers, law firms and courts have their own Twitter accounts.
Former Bar Council president Datuk Ambiga Sreenevasan (@Ambiga_S) has over 6,000 followers, international law firm Allen & Overy (@AllenOvery) has more than 6,600 followers and the US Supreme Court (@USSupremeCourt) has 23,000 followers and counting.
FLIPPING through a particular news report yesterday brought me back to a day at the Kuala Lumpur courthouse many years ago.
I was, at the time, on the court reporting beat and was on my lunch break in the Press room when an elderly pakcik’s head popped through the door.
After giving his salam, he asked if any of us (there were a couple of reporters in the room) were lawyers, to which we replied in the negative.
Pakcik was asked why he wanted to see one. In a low, hushed tone, he asked, after being told that we were journalists, if we knew any lawyer who would represent his son, caught for, if my memory serves me right, a drug offence, for a nominal sum, or even for free.
It must have been hard for him to enquire, and share with a bunch of strangers the fact that his own flesh and blood was in trouble with the law.
“The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012”
Posted by Web Administrator
Thursday, 02 February 2012 10:37am
The Penang Bar Committee Social Sub-Committee is organising a Charity Treasure Hunt in aid of The National Autism Society of Malaysia (NASOM) on Sunday, 12 Feb 2012. It will be a combination drive & walk hunt and will start and end at Straits Quay, Penang where light breakfast and lunch will be provided. All participants will receive a goodie bag and a t-shirt each.
Entry forms as well as Rules & Regulations will be available at the Bar Committee Secretariat or may be downloaded from our Penang Bar website – www.penangbar.org from Monday, 16 Jan 2012.
Closing date for entries is 6 Feb 2012.
Please join us for a day of intrigue and excitement!
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
The Case of the Missing Penang Lawyer: Charity Treasure Hunt 2012 (12 Feb 2012) Organised by the Penang Bar Committee Social Subcommittee in aid of the National Autism Society of Malaysia (NASOM), this event will take place at Straits Quay, Penang, on 12 Feb 2012 (Sunday). Deadline for registration is 6 Feb 2012 (Monday). Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).
The Malaysian Bar deplores the Atomic Energy Licensing Board (“AELB”)’s almost immediate approval of a Temporary Operating Licence for Lynas on 30 January 2012, only four days after 1,123 comments had been submitted by members of the public during the period from 3 to 26 January 2012. 
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Circular No 019/2012: Change of Address for Pejabat Pengarah Tanah dan Galian Wilayah Persekutuan
