Regarding the grounds of judgment delivered by Dato Hj Ghazali Bin Hj. Cha J on the writ of habeas corpus for 8 detainees held without trial under the ISA for allegedly having links to Al-Qaeda. See Azzahari & 7 ors v. Inspector General of Police & 2 others dated 11 March 2010 here.
We often hear that the draconian and anachronistic ISA is used by the government of the day as an oppressive tool to stifle peaceful and political dissent. More often than not, political activists/politicians and to some extent, journalists in the past decade have been detained under the ISA without trial.
However, the ISA was again used recently on 21 January 2010 – but this time rather than targeting political opponents, more than 50 people of various nationalities including students from local universities were arrested in a crackdown at Sungai Cincin, Gombak for allegedly participating in “unsanctioned” Islamic sermons/religious classes; and for allegedly having links with international terrorist organisations.
Violence against Penan: How the government ignores indigenous rights
THE phenomenon of indigenous women like the Penan being violated is not peculiar to Malaysia. Indeed, there are parallels in other countries, including a developed nation like the US.
In their 2007 report, Maze of Injustice: The failure to protect indigenous women from sexual violence in the USA, Amnesty International (AI) reported that indigenous women were 2.5 times more likely to be raped and sexually assaulted than other women in the US. The contributing factors to this state of affairs? Discrimination against the indigenous peoples; inadequate policing; poor training; and delays in responding to them.
In one AI-documented case, Della Brown, a 33-year old Alaska Native woman, was raped, mutilated and murdered in September 2000. Her body was discovered in an abandoned shed with her skull so pulverised, the coroner compared it to a “bag of ice”.
Malaysian Civil Society’s Memorandum on Electoral Reforms
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Tuesday, 13 July 2010 09:19am
Malaysian Civil Society’s Memorandum on Electoral Reforms in Malaysia 2010 Presented to the Election Commission Initiated by the Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)
We the undersigned civil society groups hold that the only formula for stability, progress and prosperity in Malaysia is a vigorous and healthy multiparty democracy.
Following the 2008 elections, Malaysia is experiencing a changing style of government, from an authoritarian to a more democratic one. While the public have benefitted from the competition between the BN and PR which brought about some administrative reforms and more inclusive policies, it is still worrying that some quarters may resort to desperate means to influence the election, including the abuse of state apparatus or to change the election outcomes through defection and the deliberate denial of fresh elections when the old mandate is in question.
KUALA LUMPUR: The Attorney-General’s Chambers has been allowed to be an intervenor in a test case where a non-Muslim counsel is challenging the requirement that a Syarie lawyer in Kuala Lumpur must be a Muslim.
Yesterday, High Court deputy registrar Halilah Suboh granted the application made by Senior Federal Counsel Nadia Hanim Mohd Tajuddin on behalf of the A-G’s Chambers.
Halilah made the order after meeting the parties in her chambers - Nadia, lawyer Zulkifli Che Yong, who acted for the Federal Territory Islamic Religious Council, and counsel Razlan Hadri for non-Muslim counsel Victoria Jayaseelee Martin.
KUALA LUMPUR (July 12, 2010): Loan sharks, or Ah Longs as they are popularly called, face hefty fines of between RM250,000 and RM1 million or a maximum of five years in jail or both on conviction under amendments to the Moneylenders Act that were tabled for first reading in the Dewan Rakyat today.
This proposed penalty for operating an unlicensed moneylending business is a huge increase over the present fine of between RM20,000 and RM100,000, indicating the government's intolerance for this menace that has wrecked many lives, and continues to generate newspaper headlines.
Besides charging sky-high interest rates, these moneylenders' runners are also known to harass and intimidate their borrowers' families should they renege on payment. A common tactic is to splash red paint in the house compounds, and to threaten the family with bodily harm.
The amendments have taken this into cognisance, by again significantly increasing the penalty for harassing or intimidating a borrower or his family members.
Indonesia’s Kompas, while seemingly very intellectual, provides a wide range of views and perspectives on what makes the republic tick.
THE Government’s refusal to renew the printing permits of two newspapers aligned to Pakatan Rakyat has raised the issue of press freedom once again.
I have long disagreed with the current licensing regime. Market forces, combined with certain guidelines on the coverage of certain divisive issues (most importantly race, religion) are the best safeguard against the abuses.
Malaysians are actually quite conservative. While we may like sensationalistic news we place a high value on honesty and decency. Any publication that is patronising, untruthful or biased will certainly witness a drop in circulation figures in an open market.
Bar Council memorandum on the proposed amendments to the Subordinate Courts Act 1948
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Thursday, 08 July 2010 04:52pm
1.1. The Government of Malaysia has tabled the Subordinate Courts (Amendment) Bill 2010 [D.R. 21/2010]. It is stated to be a Bill related to an Act to amend the Subordinate Courts Act 1948.
2.1. Previously, the Subordinate Courts Act 1948 (Act 92) conferred jurisdiction upon the Sessions Court to try all actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed RM25,000-00. It also conferred jurisdiction on a First Class Magistrate to try all actions of a civil nature that do not exceed RM10,000-00 and a Second Class Magistrate to try all actions of a civil nature that do not exceed RM250-00.
2.2. Pursuant to the Subordinate Courts (Amendment) Act 1987 (A671) (Date of coming into force : 22.5.1987), section 65 of the Subordinate Courts Act 1948 (Act 92) was amended to increase the monetary jurisdiction of the Sessions Court from RM25,000-00 to RM100,000-00. The monetary jurisdiction of the First Class Magistrate was increased from RM10,000-00 to RM25,000-00 and the Second Class Magistrate was increased from RM250-00 to RM3,000-00.
LawCare, We Care
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Monday, 12 July 2010 01:21pm
The objective of LawCare is to provide financial assistance to needy lawyers and their families in situations of death, illness or disability. The Bar Council first introduced the Lawcare Group Insurance policy on 1 July 2006. Under the policy, the next-of-kin of a Member of the Malaysian Bar is paid RM30,000 in the event of the Member’s death while in active practice. LawCare also provides financial assistance to Members suffering partial and permanent disability, or total and permanent disability, arising from sickness, disease or accidents. Since the insurance scheme only covers members up to the age of 70, in the event of the death of a Member who is above the age of 70, the next-of-kin will be paid RM30,000 directly from the LawCare Fund.
Today, we are in our fifth year of insurance. Although our insurance coverage has been reduced to RM20,000 due to the high number of claims received, we top up a sum of RM10,000 from the LawCare Fund so that the family of the deceased Member still receives RM30,000.
In addition to this a Benevolent Fund, set up to assist our members who require financial assistance whether due to illness or other reason, has been in existence since 2003.
KUALA LUMPUR (July 11, 2010): Civil society must exert pressure on governments to shun hypocrisy and rise against Israel, Perdana Global Peace Organisation chairman and former premier Tun Dr Mahathir Mohamad said today.
In his address at the Breaking The Siege: In the Spirit of Rachel Corrie and Mavi Marmara international conference, Mahathir said: "We must call upon all governments not to be hypocritical and stand up to this rogue state called Israel."
He also termed Israel an “apartheid state” which must not be allowed to continue such oppressive policies.
He said the world should not allow an apartheid state to continue its oppression of Palestinians.
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.
Starting a new Practice If you are thinking of setting up your own law practice, click on the link above to view Bar Council's information and checklists to help you prepare for your new endeavour.
Risk Management for Staff Workshop, Kuala Lumpur (20 June 2013) Organised by the Bar Council Professional Indemnity Insurance Committee, this workshop will be held at 9:00 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 20 June 2013 (Thursday). The workshop carries seven CPD points. Click on the link above for more details.
Kuala Lumpur Bar Seminar on Judicial Review 101 (20 June 2013) Organised by the Kuala Lumpur Bar Professional Development Committee, this session by Shanmuga Kanesalingam will be held at 3:00 pm, at Kuala Lumpur Bar Auditorium, 10th Floor, Wisma Kraftangan, on 20 June 2013 (Thursday). The seminar carries two CPD points. Click on the link above for more details.
Kuala Lumpur Bar Strategic Litigation Camp (21 to 23 June 2013) Organised by the Kuala Lumpur Bar Young Lawyers Committee and the Malaysian Centre for Constitutionalism and Human Rights, this event will be held at the Firefly Park Resort, Kuala Selangor, from 21 to 23 June 2013 (Friday to Sunday). Click on the link above for more details.
The Legacy Series | Gopal Sri Ram Lectures (June and July 2013) Organised by the Bar Council Professional Standards and Development Committee, these lectures by Datuk Seri Gopal Sri Ram will be held at 2:00 pm to 4:00 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 24 June 2013 (Monday), and 9, 16 and 23 July 2013 (Tuesdays). The lectures carry two CPD points each. Click on the link above for more details.
Seminar on Medical Disability and the Assessment of Damages (6 and 7 July 2013) Co-organised by Malaysian Occupational Therapy Association, Malaysian Healthy Ageing Society and Perdana University, in collaboration with Bar Council, this seminar will be held at Berjaya Times Square, Kuala Lumpur, on 6 and 7 July 2013 (Saturday and Sunday). The seminar carries 10 CPD points. Click on the link above for more details.