MLC 2010: Siasatan: Apakah Unsur Utama dalam Kes Penyeludupan Masuk Manusia? (Investigations: What are the Key elements in Trafficking-in Persons Case?)
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Saturday, 31 July 2010 08:33am
oleh Azman Thaiyub dan Nizam Bashir, gambar oleh Daniel Soon
Sesi yang dikendalikan oleh Andrew Khoo Chin Hock menyaksikan penceramah–penceramah Philip Robertson, Susan French dan Daniel Lo yang memberi pandangan masing–masing berkenaan unsur utama dalam siasatan kes penyeludupan dan pengedaran masuk manusia.
Philip Robertson yang merupakan Timbalan Pengarah Bahagian Asia, Human Rights Watch mempunyai pengalaman bekerja dalam isu hak asasi manusia selama sedekad di negera–negara Asia Tenggara. Beliau berpendapat bahawa Malaysia lambat dalam menangani isu penyeludupan dan pengedaran masuk manusia dengan Akta Anti Penyeludupan Manusia yang hanya digubal pada tahun 2007, di mana Thailand, Burma, Vietnam dan Laos lebih cepat peka dalam keperluan undang–undang yang berkenaan.
Philip menyatakan bahawa terdapatnya ketidakfahaman yang sering dikaitkan dengan isu penyeludupan dan pengedaran masuk manusia di mana ia sering dikaitkan dengan pengabdian seksual. Beliau berpendapat bahawa ini adalah kerana isu ini dieksploitasi oleh media untuk tujuan sensasi semata–mata dan oleh yang demikian, penyeludupan dan pengedaran masuk manusia bagi tujuan buruh paksaan tidak diberikan kepentingan ataupun diabaikan.
MLC 2010: The 2008 World Financial Crisis - The Malaysian Perspective (Banking / Insolvency)
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Saturday, 31 July 2010 08:41am
Contributed by Kenneth Wong Poh Lim and Shanmuga Kanesalingam, with photo by Daniel Soon
Tasked with captivating the crowd on a rather heavy subject in what many would term as a graveyard session, in the evening with the audience ordinarily restless, the panel of speakers managed to wow the crowd by injecting humour and wit into the discussion on a relatively ‘dry’ topic – ‘The 2008 World Financial Crisis: The Malaysian Perspective (Banking / Insolvency)’.
Moderated by YA Tuan Mah Weng Kwai, the session was graced by the presence of a veritable who’s who in their respective fields, namely Datuk Abdul Karim Abdul Jalil (the Director General of Insolvency), Dato’ Gan Ah Tee (Managing Partner of accounting firm BDO) and doyen of the Bar, Tommy Thomas.
MLC 2010: Growing Beyond Borders by Dato’ Sri Nazir Razak, Group Chief Executive, CIMB Group
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Friday, 30 July 2010 08:41pm
Contributed by H R Dipendra and Noor Arianti Osman, with photo by Daniel Soon
Given the usual weary nature associated with late afternoon sessions, this plenary session was very well attended. This is, perhaps, due to the prominence of the speaker and his extraordinary achievements in the corporate world. Moderated by Dato’ V C George who in his amusing and droll fashion told the eagerly awaiting crowd how this speaker regarded as an “ugly duckling” in his youth has transformed himself into a “swan” in the years gone by. Dato’ V C George also pointed out how this debonair man turned CIMB into a regional powerhouse and how his vision and success story can, if any, inspire lawyers wanting to reach out regionally and globally.
MLC 2010: Managing Construction Disputes- An Overview from Injunctions to Arbitration
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Saturday, 31 July 2010 08:54am
Contributed by Thirunavakarasu Vijayan @ Ganasen and David Mathew, with photo by Daniel Soon
Kuala Lumpur, Friday 30th July 2010: Mr. Sundra Rajoo, the Director of Kuala Lumpur Regional Centre for Arbitration (KLRCA), being the moderator of the forum, began by promising that the session would be so interesting that it would definitely keep the audience awake despite it being just after lunch.
Mr. Sundra Rajoo observed that construction contracts, in general, involves many complex issues that usually ended up in dispute mainly because of the inadequacy in the planning or drafting of the said contracts.
He then invited the first speaker, Mr. Mohanadass Kanagasabai from Messrs Shook Lin & Bok to deliver his presentation.
MLC 2010: Responsibility - The Role of Enterprises in the Promotion and Protection of Human Rights
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Friday, 30 July 2010 08:30pm
Contributed by Seira Sacha Binti Abu Bakar and HR Dipendra, with photo by Daniel Soon
Kuala Lumpur, Friday – Issues of human rights in the 21st century are becoming more and more relevant in promoting equality and just practices. Companies cannot exist in isolation of human rights principles. This session sought to understand the role of enterprises in promoting and protecting human rights. Moderated by a Dato’ Dr Cyrus Das, panellist consisted of Kamal Malhotra, UN Resident Coordinator and UNDP Resident Representative, Michael Bochenek, Director of Law and Policy, Amnesty International, London, and Dr Jayanthi Naidu Desan, Senior Consultant, CSR Asia.
Malhotra spoke about how human rights issues are becoming more pertinent in business as a result of accelerating globalisation. Every company should have human rights responsibilities which can impact a wide range of human rights issue including discrimination, sexual harassment, rape, torture, health, safety, freedom of expression, poverty, food and water. Although there is a trend with companies adopting social issues through corporate social responsibilities, companies tend to be selective in their approach. Adoption of human rights requires companies to respect human rights article as embodied in the Universal Declaration of Human Rights.
MLC 2010: Mediation and the Courts – The Right Approach
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Friday, 30 July 2010 08:14pm
Contributed by Kenny Lai and Janet Chai, with photo by Daniel Soon
“In Death Avoid Hell, In Life Avoid Law Courts”
Kuala Lumpur, 30 July 2010, Friday: Dato’ N. Chandran started off the afternoon session, which was moderated by Pn. Hendon Mohamed, with a brief history on mediation and followed it up with an explanation on the role of a mediator.
“In death avoid hell; in life avoid law courts” was what the learned speaker first said when he went on to explain the role of a mediator. A mediator does not decide disputes between parties but serves only to facilitate and offer suggestions to allow the disputing parties to come to a common ground.
Dato’ N. Chandran highlighted the support and encouragement of the Malaysian Bar in parties bringing their disputes to mediation as can be seen from the setting up of the Malaysian Mediation Centre, which provides a 40 hour training session on to qualify as a mediator attached to the Malaysian Mediation centre.
MLC 2010: Conversations on the Constitution 3 - How do I read the Constitution: Recent Developments in Interpretation and Implementation
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Friday, 30 July 2010 05:43pm
Contributed by Joanne Leong and David Mathew
Kuala Lumpur, 30 July 2010 – The final session of the Conversations on the Constitution series took place at the Plenary Theatre in front of a packed audience.
The event kicked off with the Deputy Chairperson of the Bar Council Constitutional Law Committee, Mr. Syahredzan Johan, as moderator, introducing the distinguished speakers for the session. Just before the first speaker took the podium, Syahredzan noted that ‘the Constitution is a complex document where it is detailed in some areas but vague and ambiguous in other parts.’
MLC 2010: Introductory Remarks by YB Dato' Sri Ismail Sabri Yaacob - Competition Act 2010: What it Means to Malaysian Businesses
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Friday, 30 July 2010 05:21pm
This following Introductory Remarks was presented by YB Dato' Sri Ismail Sabri Yaacob, Minister of Domestic Trade, Cooperatives and Consumerism at the 15th Malaysian Law Conference (Kuala Lumpur Convention Centre, 29 July 2010) in addressing the audience on the topic of Competition Act 2010: What it Means to Malaysian Businesses
It is indeed an honour and privilege for me to be here today. Let me take this opportunity to convey my appreciation and thanks to the Bar Council of Malaysia for having extended this invitation to me and to share insights on some policy issues regarding Malaysia’s Competition Act 2010 and the way forward.
Malaysia has been on a long journey where competition law is concerned as we have been deliberating it for the last 19 years or so. Countries like Canada and the US already had the law in the 1880’s while around the region, Thailand introduced the law as early as 1992. Although we began considering it some time back, the country then was not ready for an environment of free competition simply because we were on the development path and various other policies took precedence which encouraged growth and development.
MLC 2010: Schemes of Arrangement - How to Succeed and How to Challenge Them
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Friday, 30 July 2010 04:31pm
Contributed by Noor Arianti Osman and Shanmuga Kanesalingam
Kuala Lumpur, Friday, 30 July 2010: The classification of creditors and the practical difficulties of striking the appropriate balance between protecting the rights of the creditors and meeting the operational costs of the company seem to be the common theme in current issues surrounding schemes of arrangement under section 176 of the Companies Act 1965. This is in light of the overall objective of such schemes to enable companies on the brink of insolvency to continue their operations and recover financial solvency in the near future.
The panellists for this session were Azhar Azizan from Cheang &
Ariff who spoke on the legal practicalities of the schemes from a point
view of lawyers representing applicant companies, Rabindra Nathan from
Shearn Delamore & Co who spoke from the perspective of the
creditors, Lee Chui Sum from PricewaterhouseCoopers who addressed the
concerns of the financial advisors and Nahendran Navaratnam from Kadir
Andri & Partners, who laid down the Regulator’s perspective of the
schemes. The session was moderated by Tan Sri Dato’ Abd Aziz Mohamad,
former Judge of the Federal Court.
2013 Bar Council subscription Click the link above to download Circular 090/2013 pertaining to the 2013 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2013 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.
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MSLSSL and MCLJ Conference on Employment and Labour Laws 2013 (30 May 2013) Organised by the Malaysian Society for Labour and Social Security Law and Malaysian Current Law Journal, this conference entitled “Current Issues on Employment and Labour Laws” will be held at 8:30 am to 6:00 pm, at Grand Hyatt Kuala Lumpur, on 30 May 2013 (Thursday). The conference carries six CPD points. Click on the link above for more details.
International Arbitration Conference by CIArb Malaysia (22 to 24 Aug 2013) Organised by the Chartered Institute of Arbitrators, this conference will be held at Eastern & Oriental Hotel, 10 Lebuh Farquhar, 10200 George Town, Penang, from 22 to 24 Aug 2013 (Thursday to Saturday). The conference carries 10 CPD points. Early-bird rate ends on 30 Apr 2013. Click on the link above for more details.
“Transforming Criminal Justice” One-week Study Programme (25 to 29 Nov 2013) Organised by Public Administration International (“PAI”), this UK-based one-week study programme entitled “Transforming Criminal Justice: from Joined-up Justice to Multi-agency Approaches” will be held in London from 25 to 29 Nov 2013 (Monday to Friday). For further enquiries, please contact PAI by telephone at +44 (0)20 7580 3590, by fax at +44 (0)20 7580 4746, or by email at pai@public-admin.co.uk.
Philip Robertson yang merupakan Timbalan Pengarah Bahagian Asia, Human Rights Watch mempunyai pengalaman bekerja dalam isu hak asasi manusia selama sedekad di negera–negara Asia Tenggara. Beliau berpendapat bahawa Malaysia lambat dalam menangani isu penyeludupan dan pengedaran masuk manusia dengan Akta Anti Penyeludupan Manusia yang hanya digubal pada tahun 2007, di mana Thailand, Burma, Vietnam dan Laos lebih cepat peka dalam keperluan undang–undang yang berkenaan.
Kuala Lumpur, Friday – Issues of human rights in the 21st century are becoming more and more relevant in promoting equality and just practices. Companies cannot exist in isolation of human rights principles. This session sought to understand the role of enterprises in promoting and protecting human rights. Moderated by a Dato’ Dr Cyrus Das, panellist consisted of Kamal Malhotra, UN Resident Coordinator and UNDP Resident Representative, Michael Bochenek, Director of Law and Policy, Amnesty International, London, and Dr Jayanthi Naidu Desan, Senior Consultant, CSR Asia. 
Kuala Lumpur, Friday, 30 July 2010: The classification of creditors and the practical difficulties of striking the appropriate balance between protecting the rights of the creditors and meeting the operational costs of the company seem to be the common theme in current issues surrounding schemes of arrangement under section 176 of the Companies Act 1965. This is in light of the overall objective of such schemes to enable companies on the brink of insolvency to continue their operations and recover financial solvency in the near future. 
Circular No 115/2013: Seminar on Enforcement of Judgment (4 June 2013)
