KUALA LUMPUR: The Government is open to views on the death penalty but it would require strong opposition from the people to abolish it, said Minister in the Prime Minister's Department Datuk Seri Nazri Abdul Aziz.
He said the Government had shown its determination for reformation by abolishing some laws which were considered draconian in the past two years.
“Certainly, the death penalty is something you can discuss with the Government.
“There must be a mass movement and strong opposition from the people for us to abolish the death penalty.
“Otherwise, nothing will change,” he said at a debate to abolish the death penalty here yesterday.
“Personally, I am all for the abolition,” he said.
Nazri said the Malays and Muslims were rigid when it came to the death sentence as they believed it was an issue of an eye for an eye, adding that it was important to convince them that this was not so.
KUALA LUMPUR: The High Court yesterday dismissed an application by the organisers of Sexuality Merdeka for a judicial review of a ban imposed on events scheduled for November last year.
Justice Datuk Rohana Yusuf made the decision in chambers after meeting with senior federal counsel Noor Hisham Ismail who represented the police, and counsel Honey Tan Lay Ean and Chew Siew Ting for the applicants, ruling that the objection raised by the Attorney-General’s Chambers was valid.
Noor Hisham had on Feb 21 objected to the organisers’ application for leave for judicial review on two grounds – the first, that the decision of Deputy InspectorGeneral of Police Datuk Seri Khalid Abu Bakar on Nov 3 to impose the ban was not amenable to judicial review, and the second, that the application had been rendered academic.
Rohana said the police are empowered under section 27A of the Police Act 1967 to stop an event to ensure security, and that 28 police reports had been lodged against the event by Christian, Muslim and Buddhist groups.
The present Generation Y has been immersed in a culture of instant gratification, escapism, and self-centred inflexibility. Couples nowadays do not hesitate to take the plunge into marriage – or out of it.
A COUPLE of years ago, when I first started practising law, I was approached by a soon-to-be-married young couple, who wanted me to prepare a prenuptial agreement for them.
Despite my explanation that prenuptial agreements arguably have no legal effect in Malaysia, they were adamant.
Obviously, some valuable assets were at stake. A sense of numbness enveloped my heart and soul. (Hey, lawyers are mortal humans with emotions, too!)
I could not recall the previous time I actually felt that way. I was filled with a sense of disappointment, of great sympathy. Not for the young couple, but for the sacred institution of marriage.
Obituary: Thaiyub Khan bin M.M. Othuman Aliar (12 Dec 1942 to 23 Jan 2012)
Posted by Web Administrator
Tuesday, 28 February 2012 08:51am
Contributed by Azman Ali Thaiyub Khan
Details for Tahlil prayers followed by luncheon:
Date: 4 Mar 2012 (Sunday)
Venue: No 15 Jalan SS3/23, Taman Universiti,
47300 Petaling Jaya
RSVP: On or before 1 Mar 2012 (Azman 019-622 2455)
Thaiyub Khan bin M.M. Othuman Aliar, retired Senior Assistant Official Assignee Selangor, Member of the Bar and a Notary Public, passed away peacefully on 23 Jan 2012.
Allahyarham, a graduate from the University of London and known as “the authority” on bankruptcy law, leaves a legacy of decided cases on the law of bankruptcy for the future benefit of law students and lawyers alike.
Allahyarham had started his own practice of Messrs Thaiyub Khan Othuman & Co in 1993 and was in active practice with his son Azman Ali until his demise at the age of 70.
Allahyarham leaves behind his beloved wife, Mariam Sanesah and three children, Azizi, Azman Ali and Anita, the latter two whom are lawyers.
Obituary: Peter Oon Peh Tchin (10 Aug 1928 – 27 Feb 2012)
Posted by Web Administrator
Monday, 27 February 2012 03:47pm
Former senior member of the Penang Bar, Peter Oon Peh Tchin passed away early this morning at the age of 83 after a brief illness. He leaves behind his beloved wife, Bessie Lee who is also a fellow member of the Bar, their 3 daughters Pamela, Beryl and Petra, sons-in-law, grandchildren and a host of relatives and friends.
Peter Oon comes from a distinguished family of lawyers. His mother, the late Lim Beng Hong better known as Mrs BH Oon was the first Asian lady lawyer to be admitted to practice law in the Straits Settlement, as it was then, in 1927. His youngest daughter Petra held the post of Penang Bar Chairman from 2002 to 2004 and she was also the first lady to do so.
Peter Oon was admitted as a Barrister at Law by the Honourable Society of the Inner Temple in 1956 and thereafter returned to Penang to practice law in his family’s legal practice. He remained in the firm of “Lim, Lim & Oon” before retiring as Consultant in 2008. The firm today exists under its new name of “Yuslinov Ahmad & Petra Oon”. He served as Chairman of the Penang Bar Committee from 1976-1977 and has held advisory posts with various organisations and non-legal bodies.
The Malaysian Bar extends our heartfelt condolences to the family and friends of Peter Oon. May his soul rest in peace.
Invitation to a Debate on the Abolition of the Death Penalty in Malaysia, Kuala Lumpur Convention Centre (1 Mar 2012)
Posted by Web Administrator
Wednesday, 22 February 2012 02:20pm
The Bar Council Human Rights Committee (“BCHRC”), in collaboration with Delegation of the European Union to Malaysia and Human Rights Commission of Malaysia (“SUHAKAM”), is organising a debate on “The Abolition of the Death Penalty in Malaysia” between teams from MARA University of
Technology (proposition) and International Islamic University of Malaysia (opposition). We are delighted to announce that the keynote address for this event will be delivered by YB Dato' Seri Mohamed Nazri Abdul Aziz, Minister in the Prime Minister's Department. Please be informed that there will also be a brief question-and-answer session with YB Dato' Seri Mohamed Nazri Abdul Aziz before the commencement of the debate.
Details of the event are as follows:
Date: 1 Mar 2012 (Thursday) Time: 2:30 pm to 6:00 pm Venue: Plenary Theatre, Level 3, Kuala Lumpur Convention Centre, Kuala Lumpur City Centre, 50088 Kuala Lumpur Motion: This House Believes that Capital Punishment Should be Abolished in Malaysia
Whereas we, the President of the Advocates’ Association of Sarawak, the President of the Sabah Law Association and the Chairman of the Bar Council,
Having convened in Penang on 16 September 2011 for the Annual Tripartite Consultative Meeting 2011,
Welcoming this annual opportunity to convene to confer on issues of mutual interest and concern,
Taking cognisance of the critical role that the Advocates’ Association of Sarawak, the Sabah Law Association and the Bar Council play, individually and collectively, in upholding the Rule of Law and the cause of justice, promoting human rights and defending the principles of democracy, in order to bring about a just and equitable society that is built on equality and free from discrimination,
Reaffirming our commitment to these objectives and resolving to strengthen our efforts towards the realisation of these goals,
Solemnly adopt the Penang Declaration, as follows:
KUALA LUMPUR, Feb 29 — English daily The Star today suspended two senior editors responsible for approving the publication of a picture showing singer Erykah Badu sporting tattoos deemed insensitive to the Muslim community.
A source from the newspaper confirmed with The Malaysian Insider tonight that the duo, Star2 senior editor Lim Cheng Hoe and deputy editor for features Daryl Goh, have been suspended indefinitely.
The source added that with immediate effect, the paper has also appointed associate editors Rozaid Rahman and Shah Dadameah to “assist and guide” the newspaper on issues of Muslim sensitivities.
On the show cause letter sent yesterday over the publication of the photo, the source said the paper would respond soon.
On Monday, three top editors from The Star were hauled up by the Home Ministry over the publication of a photograph of the American singer.
Peter Mulligan is a partner and Simon Byrnes a senior associate at Henry Davis York.
First published in Law Society Journal, Vol 49, No. 9 October 2011
The contractual doctrine of frustration is well known, but many parties do not have a full understanding of what is required to rely on it.
The situations in which a party will be relieved from performance under an agreement due to frustration were recently considered in the Victorian Court of Appeal in oOh! Media Roadside v Diamond Wheels.1
Diamond Wheels had licensed to oOh! Media a site on the side of a building in King Street, Melbourne for the purpose of oOh! Media erecting a billboard for outdoor advertising. The licence agreement was entered into in November 2005 when the site was visible from a number of vantage points including Kings Way, a busy Melbourne road.
From 2006 to 2008, an open car park located at the intersection of King Street and Flinders Street was developed into the substantial Northbank Office Tower. The new tower significantly reduced the visibility of the site, including obstructing visibility for traffic travelling towards Melbourne along Kings Way.
2012 Bar Council Subscription Click the link above to download Circular 072/2012 pertaining to the 2012 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
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.
Bar Council Bookshop Read MORE … but pay LE$$! Members enjoy a 20% discount on LexisNexis publications at the Bar Council Bookshop. Click on the link above for the list of available titles.
International Malaysia Law Conference (26 to 28 Sept 2012) Hurry up! The countdown continues and the current promotion rate ends 30 June 2012. Don't miss what is going to be the best conference in the region! On top of that, if you sign up with 5 or more people from the same organisation, we will give you a 10% group discount. Click on the link above to register.
Talk on Summary Judgement (25 May 2012) Organised by the Selangor Bar Committee, this talk will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 25 May 2012 (Friday). The talk will be conducted by Ramesh Supramanian. Click on the link above for more details.
Seminar on Tax Issues in Financial Transactions (25 May 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar, featuring S Saravana Kumar, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 25 May 2012 (Friday). Click on the link above for more details.
Dialogue with Criminal Law Practitioners (26 May 2012) Organised by Bar Council, this dialogue will take place at 10:00 am to 12:00 pm, at the Raja Aziz Addruse Auditorium, Bar Council, on 26 May 2012 (Saturday). Click on the link above for more details.
Conference on Competition Law (31 May 2012) Organised by Bar Council with the support of LexisNexis, this conference will take place at 8:30 am to 4:00 pm, at Renaissance Kuala Lumpur Hotel, on 31 May 2012 (Thursday). For more details or to register, please contact Vilashini Vijayan (03-2050 2095; vila@malaysianbar.org.my). Click on the link above for more details.
Talk on What Clients Want (7 June 2012) Organised by the KL Bar Practitioners' Affairs Committee, the talk, presented by Ong Eu Jin, will take place at 5:00 pm, at the KL Bar Auditorium, on 7 June 2012 (Thursday). Click on the link above for more details.
4th LAWASIA Family Law Conference, Penang (13 and 14 July 2012) Supported by Penang Bar Committee and the Malaysian Bar, this conference, themed “The New Global Family: Emerging Trends and Challenges to Family Practice”, will take place at Traders Hotel, Penang, on 13 and 14 July 2012 (Friday and Saturday). Click on the link above for more details.
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Contributed by Azman Ali Thaiyub Khan
Former senior member of the Penang Bar, Peter Oon Peh Tchin passed away early this morning at the age of 83 after a brief illness. He leaves behind his beloved wife, Bessie Lee who is also a fellow member of the Bar, their 3 daughters Pamela, Beryl and Petra, sons-in-law, grandchildren and a host of relatives and friends.
©
By Peter Mulligan and Simon Byrnes
Circular No 109/2012: Be a Part of the Bar Council Constitutional Law Committee
