THE Competition Act 2010 (CA 2010) has been in force for over a year, and yet there are still a large number of businesses that are not complying with its provisions. Is this because they do not understand how it applies to their businesses or is it because they are part of an even larger number that still do not know of its existence. Either way, the Malaysia Competition Commission (MyCC) is concerned.
The CA 2010 received royal assent on June 2, 2010, but did not come into force until Jan 1, 2012. This 18-month moratorium was deliberate as the Government wanted to give businesses sufficient time to understand the new law and to make any changes required to their business practices.
The MyCC has worked hard to raise awareness and educate the Malaysian public, businesses and government on the existence of the CA 2010 and what it means.
Since the beginning of 2011, the MyCC has conducted more than 60 seminars, targeted at a wide range of interest groups from SMEs to government procurement officers to trade and business associations. This advocacy work continues with SME and bid-rigging roadshows planned for 2013.
PETALING JAYA (March 25, 2013): The legal fraternity has urged the judiciary to interpret Article 121(1A) of the Federal Constitution in a more open-minded manner that recognises the rights of non-Muslims in legal disputes involving Muslims.
Bar Council president Christopher Leong said there is no necessity to repeal Article 121(1A) as called for by several NGOs claiming 121(1A) restricts religious freedom in Malaysia.
Article 121 (1A) states that the High Court has no jurisdiction in respect of any matter within the jurisdiction of the syariah courts.
"Any matters involving the rights or interests of non-Muslims in any way must strictly be subject to the jurisdiction of the civil court," said Leong.
He said any matters involving non-Muslims must be determined by the civil courts.
On Friday, five NGOs, including the Young Buddhist Association of Malaysia (YBAM) issued a statement calling for the repeal of 121(1A), calling for non-Islamic affairs to be managed by the civil and not syariah courts.
MESYUARAT Agung Tahunan Badan Peguam tempoh hari begitu dramatik. Seramai 1,303 ahli Badan Peguam telah hadir, suatu angka yang sedikit luar biasa jika dibandingkan dengan tahun-tahun sebelumnya. Mungkin sekali kerana usul yang dicadangkan oleh beberapa peguam muda yang inginkan Majlis Peguam membentuk sebuah Jawatankuasa Penyiasatan Bebas untuk menyiasat akaun sumpah yang dibuat oleh mendiang “P.I. Bala”.
Sejurus selepas pengerusi mesyuarat, yang juga mantan Presiden Badan Peguam, membuka lantai untuk debat mengenai usul tersebut, mereka yang hadir dikejutkan dengan pendedahan salah seorang ahli Badan Peguam. Debat kemudian berlangsung dengan rancak, kadangkala beremosi, tetapi pada setiap masa didukung oleh semangat dan niat yang baik. Semua yang mempersembahkan hujah mereka melakukannya demi mendukung keadilan tanpa dipengaruhi rasa takut atau memihak. Ya, usul tersebut akhirnya ditarik balik, tetapi tiada yang kalah dalam debat yang telah berlangsung.
PETALING JAYA: All levels of society stand to benefit from the use of Malaysia’s valuable biological resources once the proposed law on access to biological resources and benefit sharing is passed, said Datuk Seri Douglas Uggah Embas.
The Natural Resources and Environment Minister said the proposal was one of the most important initiatives being rolled out to promote sustainable biodiversity management.
“The proposed law will serve as an incentive for all parties to conserve and protect Malaysia’s biodiversity, as they will benefit from its potential value.”
Uggah said such a legal framework was necessary given the enormous potential to generate new sources of wealth as highlighted in the National Policy on Biological Diversity and the New Economic Model 2010.
“These resources can be developed into herbal products, nutraceuticals and pharmaceuticals,” he said.
Expected to be tabled later this year, the Bill would ensure all resources which are bio-prospected must be shared with the resource provider.
KUALA LUMPUR: Berjaya Books Sdn Bhd has succeeded in challenging the raid, search and seizure of Irshad Manji’s controversial book at a Borders bookstore.
High Court judge Justice Zaleha Yusof granted a judicial review application by Berjaya Books against Federal Territory Islamic Religious Department (Jawi) and two others.
She said there must be notification by the authorities on the type of publications that was contrary to Islamic law.
“The book was not subject to any prohibition order (at that time). The prohibition order was only issued three weeks after the raid,” she said.
KUALA LUMPUR: The probe into the armed intrusion in Lahad Datu early this month will come in the form of either a White Paper or a Royal Commission of Inquiry, Home Minister Datuk Seri Hishammuddin Tun Hussein said.
“Be it a White Paper or RCI, I am confident it will be set up once things are settled in Sabah,” he said after launching the Gombak Barisan Nasional Youth election machinery here yesterday.
Hishammuddin said a thorough probe was needed in various aspects of the incident, including third-party involvement and rumours that spread fear.
Citation for Peter Mooney, recipient of the Malaysian Bar Lifetime Achievement Award 2013
Posted by Web Administrator
Thursday, 21 March 2013 09:23am
Contributed by Philip Koh Tong Ngee, with photos by Shan Theivanthiran, Members of the Bar
The Malaysian Bar Lifetime Achievement Award 2013 was conferred on Peter Mooney at the Malaysian Bar Annual Dinner and Dance 2013, held at the Taming Sari Grand Ballroom, Royale Chulan Hotel, Kuala Lumpur, on 16 Mar 2013.
Peter Mooney’s service to the legal profession, spanning the decades, has been a dedication to law’s virtues and law’s integrity.
Peter Mooney is no mere practitioner, but a counsel statesman1. His conduct of court cases and advisory work bears the hallmarks of courtesy and grace found solely in those for whom law is a genuine vocation rather than a trade or business.
As a Crown Prosecutor, Peter Mooney performed his duties with both wisdom and discretion, and his razor-like sharpness as a skilled cross-examiner is legendary. His encounter with the formidable Lee Kuan Yew in a Customs prosecution case, recounted in his autobiographical work A Servant of Sarawak: Reminiscences of a Crown Counsel in 1950s Borneo (Monsoon Books, 2011), is a case study in sagacious judgment and the clinical demolition of a prevaricating defendant.
This year, two Members of the Bar were selected to receive the Malaysian Bar’s Sports Personality of the Year Award: Dalgit Singh and See Kwong Yan.
The presentation ceremony took place at the Malaysian Bar Annual Dinner and Dance 2013, held at the Taming Sari Grand Ballroom, Royale Chulan Hotel, Kuala Lumpur, on 16 Mar 2013.
More information about each recipient follows below.
Dalgit Singh
Dalgit Singh represented Perak state in hockey from 1978 to 1989, and has also played hockey for the Malaysian Police and the Malaysian Sikhs.
Since joining the Malaysian Bar in 1985, Dalgit has represented the Bar in hockey, and is still named in the hockey side, so long as there is no clash with his first love — golf.
Since taking up golf in 2002, Dalgit has actively represented the Bar, and has been in the winning team for most of those years. He won the “Best Overall Pair” title in 2005 and again in 2010, with his playing partners in Singapore. While serving as the Perak Bar Golf Captain in 2008, he was instrumental in organising the Malaysian Bar Interstate Golf Tournament in Perak that year.
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.
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.
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.
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Bar Council elected the following 
The Malaysian Bar Lifetime Achievement Award 2013 was conferred on Peter Mooney at the 
Dalgit Singh represented Perak state in hockey from 1978 to 1989, and has also played hockey for the Malaysian Police and the Malaysian Sikhs.
Circular No 115/2013: Seminar on Enforcement of Judgment (4 June 2013)
