For the first time in royal history, a reigning Sultan ascended the Federal throne the second time. The Sultan of Kedah had previously reigned as Yang di-Pertuan Agong from 1970 to 1975.
YESTERDAY, the distinguished reign of the Sultan of Terengganu as the 13th Yang di-Pertuan Agong came to an end and the Sultan of Kedah ascended to the Federal throne.
This draws our attention to the unique rules relating to the election of the Yang di-Pertuan Agong and Timbalan Yang di-Pertuan Agong as found in Articles 32, 33, 38(2) and the Third Schedule of the Federal Constitution.
The rules are exceedingly complex and constitutional conventions have added to their richness. The salient features are as follows:
> Only the Rulers of the nine Malay states are eligible to contest or vote. The Governors of Penang, Malacca, Sabah and Sarawak are excluded.
> Voting is by secret ballot and a simple majority of five out of nine Sultans is needed to disqualify or elect a Ruler.
PUTRAJAYA: If information technology (IT) professionals feel they do not need protection, the proposed Computing Professionals Bill 2011 could “end here”.
Deputy Science, Technology and Innovation Minister Datuk Fadillah Yusof said there was nothing “solid” yet and the ministry was still gathering views.
“That is why we had the open day.
“It is the first step and if industry players suddenly feel they need no protection or something to represent them, the initiative could just end here,” he said, adding that the Bill was aimed at uplifting the IT profession.
“It was mooted after a series of discussions with industry players who said they wished to see a body that represents and protects them,'' said Fadillah.
He likened it to bodies such as the Malaysian Medical Association and the Malaysian Institute of Architects.
There has been a public outcry on the Computing Professionals Bill. Some of the fears are unfounded while others, quite genuine. Foong Cheng Leong, an IT lawyer and Joachim Leong, a non-practicing lawyer cum Consultant for Denning IT dissect the Bill. In their views, the main concerns lie at how the Critical National Information Infrastructure (CNII) is being widely and ambiguously defined, the powers the Ministry of Science, Technology and Innovation (MOSTI) has over the Computing Professionals Board, the need for government regulation in the information technology industry and its implications on the public at large.
For better or worse, the Malaysian Government has been proactive in regulating the Malaysian Information Technology (IT) industry in recent days. One such example is the amendment of the Electronic Commerce Act 2006 to compel online marketplace operators to maintain proper records of their sellers which could be relied upon for the purpose of investigation by the authorities. And now, the Government is introducing the Computing Professionals Act 2011 (“CPA”). We have obtained a copy of this Act (which is still in a form of a draft Bill). At this juncture, we are unable to confirm the authenticity and veracity of this Bill but we will comment on the CPA based on the document available here. It is noted that this draft bill has numerous omissions such as the Explanatory Statement and the definition of Graduate Membership.
Witnesses who turn up in court are allowed to give evidence in the language in which they are most familiar with.
WE all know that Bahasa Malaysia is the national language. However, if a person is called to court as a witness, must he give evidence using Bahasa Malaysia or can he choose to give evidence in any other language?
This issue bothers many people who are called up as witnesses to give evidence in a court of law. Sometimes the fear of having to use an unfamiliar language makes the witness reluctant to testify.
However, it ought to be noted that what the national language of the country is, and the issue of giving evidence in court, are two entirely different matters. So, too, is the issue of the conduct of proceedings in court. Such proceedings do not consist of giving evidence alone. Giving evidence is only part of the proceedings. In civil cases, it starts with cause papers such as a summons or writ of summons being filed.
Postponement of Workshop on Shifting from a Practice to a Business (14 Dec 2011)
Posted by Web Administrator
Tuesday, 13 December 2011 04:37pm
Circular No 292/2011
Dated 13 Dec 2011
To all Members of the Malaysian Bar
Postponement of Workshop on Shifting from a Practice to a Business (14 Dec 2011)
We refer to Circular No 288/2011 dated 6 Dec 2011, where we informed Members of the workshop on “Shifting from a Practice to a Business”, to be held on 14 Dec 2011 (Wednesday), at the Raja Aziz Addruse Auditorium, Bar Council.
We regret to inform that due to unforeseen circumstances, the workshop has been postponed until further notice.
Please do not hesitate to contact Christina Gomez by telephone at 03-2050 2087, or by email at christina@malaysianbar.org.my, should you have any queries.
Press Release: Malaysian Bar Urges the Malaysian Government to Accede to the Rome Statute of the International Criminal Court without Delay
Posted by Web Administrator
Tuesday, 13 December 2011 02:14pm
The 10th Assembly of State Parties to the Rome Statute of the International Criminal Court opened at the United Nations in New York City on 12 December 2011. Both the Malaysian Government and Malaysian civil society (represented by the Malaysian Bar), will attend these meetings.
Malaysia participated in the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in Rome in 1998. It was also a signatory to the Final Act of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. However, it has yet to become a State Party to the Rome Statute.
In March 2011, the Malaysian Government announced its intention to accede to the Rome Statute.
The events leading up to this announcement were encouraging. On 27-28 May 2010, the Malaysian Minister in the Prime Minister’s Department in charge of Law and Parliamentary Affairs, Dato’ Seri Mohamed Nazri Abdul Aziz, made a promise at the Kampala meeting of the Parliamentarians for Global Action to submit the accession papers to the Rome Statute to the Malaysian Cabinet upon his return from that meeting.
PETALING JAYA: The draft amendments to the Universities and University Colleges Act (UUCA) 1971 are expected to be tabled in Parliament in March next year.
Higher Education Minister Datuk Seri Mohamed Khaled Nordin said the draft amendments should be ready by the end of next month.
“A committee overseeing amendments to the UUCA has been set under the ministry’s Legal Unit,” he said in a statement.
Prime Minister Datuk Seri Najib Tun Razak announced in Parliament last month that Section 15 of the UUCA would be amended to respect the constitutional rights of students aged 21 and above.
Mohamed Khaled said the committee comprises representatives from the ministry and several local and private universities.
WHO becomes the Yang di-Pertuan Agong is determined by the rotation list decided by the Conference of Rulers and is not stipulated under the Federal Constitution.
This means that the Sultan of Kedah, Tuanku Abdul Halim Mu'adzam Shah, will have risen to the top of the rotation list twice in order for him to be appointed Yang di-Pertuan Agong again.
Besides being the 14th Yang di-Pertuan Agong, Tuanku Abdul Halim was also the country's fifth King.
Bar Council Constitutional Law Committee chairman Syahredzan Johan said although it was up to the rulers whom they wanted to elect as King, selection was actually done by way of rotation as well as in accordance with the order of names on the list.
The process of enacting the Peaceful Assembly Bill 2011 and the public debate and disappointment this has engendered illustrate some of the worst, and yet also some of the most encouraging, aspects of the law and legal culture in Malaysia.
When Prime Minister Najib Razak announced on Malaysia Day this year his government’s plan to annul three of the four Proclamations of Emergency (those of 1966, 1969 and 1977) and the Emergency Ordinances made under them, replace the Internal Security Act 1960 with a more enlightened anti-terrorism law, and review or abolish laws inconsistent with the constitutional right to freedom of speech, assembly and association, many people dared to hope that his UMNO-led Barisan Nasional government had finally appreciated the magnitude of public disapproval, manifest in the reduced majority for UMNO in the March 2008 election, and the massive assembly of citizens rallying on July 9 this year to support Bersih 2.0’s campaign for clean and fair elections, to choose but two of many examples.
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.
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).
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Circular No 292/2011
The 10th Assembly of State Parties to the Rome Statute of the International Criminal Court opened at the United Nations in New York City on 12 December 2011. Both the Malaysian Government and Malaysian civil society (represented by the Malaysian Bar), will attend these meetings.
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Circular No 021/2012: Application to State Authority for Consent to Transfer Properties
