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  CLJ Bulletin, Issue 2014, Vol 46
14 November 2014



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New This Week

1. Cases(s) Of The Week

a) HARIANTO EFFENDY ZAKARIA & Ors v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR

2. Latest Cases

a) Legal Network Series

b) CLJ 2014 Volume 8 (Part 7)

3. Articles

a) Legal Network Series Article(s)

4. Legislation Highlights

a) Principal Acts

b) Amending Acts

c) PU(A)

d) PU(B)


CASES(S) OF THE WEEK

HARIANTO EFFENDY ZAKARIA & Ors v. MAHKAMAH PERUSAHAAN MALAYSIA & ANOR
FEDERAL COURT, PUTRAJAYA
AHMAD MAAROP FCJ, HASAN LAH FCJ, ZALEHA ZAHARI FCJ, JEFFREY TAN FCJ, RAMLY ALI FCJ
[CIVIL APPEAL NO: 01(f)-6-03-2012(W)]
20 OCTOBER 2014

LABOUR LAW: Trade union - Picketing - Lawful trade union picketing by employees against employer bank - Picketers barged into lobby and banking hall - Bank issued letters of suspension to 15 employees - Appellants found guilty and dismissed from service while five others not dismissed - Punishment of dismissal - Whether warranted and proportionate to findings of misconduct - Whether courts below took into consideration that appellants were long standing employees of bank - Whether there was unequal treatment in dismissing appellants

EMPLOYMENT: Unfair dismissal - Picketing - Appeal from Court of Appeal - Lawful trade union picketing by employees against employer bank - Picketers barged into lobby and banking hall - Bank issued letters of suspension to 15 employees - Appellants found guilty and dismissed from service while five others not dismissed - Whether there was unequal treatment in dismissing appellants

LATEST CASES

Legal Network Series

[2013] 1 LNS 57 PP lwn. ARUMUGAM SHANMUGAM UNDANG-UNDANG JENAYAH: Bunuh - S. 302 Kanun Keseksaan - Sama ada intipati pertuduhan bunuh telah dibuktikan - Sama ada mangsa telah mati akibat bencana tubuh atau kecederaan yang dialami akibat perbuatan tertuduh
PROSEDUR JENAYAH: Mens rea - Niat untuk membunuh - Sama ada tertuduh mempunyai niat untuk membunuh - Sama ada tertuduh mempunyai niat untuk mendatangkan bencana tubuh
UNDANG-UNDANG JENAYAH: Niat bersama - Mengambil bahagian dalam tindakan jenayah - Sama ada tertuduh telah bertindak bersama-sama dan mencapai niat bersama dalam mengakibatkan kematian mangsa bersama-sama suspek yang lain
PROSEDUR JENAYAH: Pembelaan - Alibi - Sama ada tertuduh berjaya membuktikan pembelaan alibi - Sama ada terdapat sebarang keraguan mengenai kehadiran tertuduh di tempat kejadian - Sama ada ketiadaan laporan maklumat pertama oleh saksi yang melihat tertuduh di tempat kejadian telah membuka ruang keraguan kes pendakwaan
[2013] 1 LNS 75 SYARIKAT ROMA & SATU LAGI lwn. MOHAMAD SHUKRI HAMID TORT: Kemalangan jalan raya - Liabiliti - Mengenal pasti liabiliti - Kewujudan dua versi yang berlainan - Keterangan senyap - Rajah kasar dan gambar - Sama ada mahkamah boleh melihat kepada keterangan senyap apabila terdapat versi yang berlainan dalam menentukan liabiliti
LALULINTAS JALAN: Kecuaian - Kemalangan ketika mengundurkan lori - Sama ada tindakan mengundurkan lori sehingga sebahagian belakang lori memasuki jalan tar merupakan suatu kecuaian
LALULINTAS JALAN: Kecuaian - Perlanggaran antara motosikal dengan lori - Motosikal menuju arus berlawanan - Kecuaian sertaan - Sama ada penunggang motosikal yang menuju arus berlawanan bertanggungan 50:50 atas kemalangan
[2013] 1 LNS 1419 IMEJ WARISAN SDN BHD v. WEIDA ENVIRONMENTAL TECHNOLOGY SDN BHD CONTRACT: Building contract - Sub-contract - Breach - Whether defendant liable to pay plaintiff costs of the reconstruction of the Sewerage Treatment Plant (STP) incurred by it - Architect issued instruction to defendant to make good the tilting problem of the STP - Plaintiff engaged other contractor to carry out the work upon defendant's failure to make good - Whether refusal to make good the defects could be construed as a breach of contract - Whether plaintiff could rely on s. 74(1) of the Contracts Act 1950 to claim compensation for the loss or damage caused by defendant
CONTRACT: Building contract - Sub-contract - Defects - Instruction in writing from Architect requiring defendant to resolve the defect problem with a permanent solution - Architect did not say in his letter that instruction was issued pursuant to Clause 15.3 but rather Clause 2.1 - Whether disentitled plaintiff to claim - Whether instruction was within the Defects Liability Period
EVIDENCE: Adverse inference - Failure to call witness - Even if the Architect was not called as a witness by plaintiff, whether any adverse inference or presumption against plaintiff should be drawn – Whether s. 114(g) Evidence Act 1950 applicable for willful suppression of material witness or evidence and not mere non-calling of a witness or his evidence
[2014] 1 LNS 182 AZMI SULAIMAN v. AHMAD ZAHID HAMIDI ELECTION: Petition - Filing of - Alleged failure to comply with s. 38 of the Election Offences Act 1954 (EOA) as Petition not presented within 28 days period of limitation - Interpretation of s. 38(1) EOA - Allegation of illegal practice and purported payment of money - Whether phrase "...since the said date..." in s. 38(1) referred to the date the alleged payment of money was made - Whether Petition should have been presented within 28 days after the alleged illegal practice on 19.4.2013 ie, by 17.5.2013 - Whether the Petition presented on 11.6.2013 was outside the limitation period
ELECTION: Petition - Filing of - Failure to plead - Whether any illegal practice - Non-compliance of mandatory provisions of r. 4(1)(b) and 4(4) of the Election Petition Rules - Failure to plead the facts and grounds to support an allegation under ss. 21(1) and 21(2) EOA - Failure to state the identity of a single person purportedly employed or engaged by respondent - Failure to show that the purported 24,000 persons were employed by respondent for purpose of procuring the election of respondent - Failure to plead facts and grounds to support an allegation under ss. 19(1)(a) and 19(2) EOA - Whether facts pleaded sufficient to sustain allegation that non-compliance had affected the result of the election - Whether petition defective and invalid
ELECTION: Petition - Filing of - Whether any illegal practice - S. 32(c) EOA providing that election could be rendered void if proved that illegal practice was committed in connection with the election by the candidate or with his knowledge or consent or by any agent of the candidate - Absence of an express definition of 'candidate' in the EOA - Whether definition of word 'candidate' in the Elections Act 1958 would be applicable to the EOA - Alleged 'corrupt practice' occurred on 19.4.2013 whereas nomination day was on 20.4.2013 - Whether respondent was a candidate when purported act done – Whether s. 32(c) EOA applicable
[2014] 1 LNS 450 K L CHAN & ASSOCIATES v. ALLIANZ GENERAL INSURANCE MALAYSIA BERHAD INSURANCE: Construction of policy - Meaning of "claim" - Policy provided insurance coverage to plaintiff from 1.1.2001 to 31.12.2001, with a retroactive date effective 1.1.1977 - Whether policy was a "claim made policy" - Whether coverage was triggered when a claim was made against the insured during the policy period, regardless of when the wrongful act that gave rise to the claim took place - Whether wrongful act must have taken place on or after the retroactive date - Whether insurer obligated to defend a claim on an insured's behalf during the period in which the policy was in force - Whether term "made" meant notification to an insured that a demand for money or services was being requested - Whether notice of an actual claim by the third party to plaintiff would trigger defendant's liability and put defendant at risk
CIVIL PROCEDURE: Limitation - Defendant raising defence of time bar against plaintiff's claim - Policy executed by plaintiff and defendant was a "claim made policy" - Whether notice of an actual claim by the third party to plaintiff would trigger defendant's liability and put defendant at risk - Whether notice of the actual claim was when Aneka Seloka Sdn Bhd sued plaintiff - Plaintiff then served Writ of Summons and Statement of Claim on the defendant on 17.3.2003 - Whether service of the Writ and Statement of Claim on defendant on 17.3.2003 triggered defendant's liability or the obligation to defend a claim on an insured's behalf - Whether plaintiff's claim time barred by s. 6 of the Limitation Act 1953

CLJ 2014 Volume 8 (Part 7)

COURT

FEDERAL COURT

Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor
Ahmad Maarop, Hasan Lah, Zaleha Zahari, Jeffrey Tan, Ramly Ali FCJJ
(Labour Law; Employment - Trade union - Unfair dismissal - Picketing) [2014] 8 CLJ 821 [FC]

Version Buy Sdn Bhd v. Thong Wee Kee & Anor
Raus Sharif PCA, Abdull Hamid Embong, Ahmad Maarop, Hasan Lah, Abu Samah Nordin FCJJ
(Land Law - Private caveat - Whether entered or endorsed on register document of title) [2014] 8 CLJ 840 [FC]

COURT OF APPEAL

International Bulk Carriers SPA v. Cti Group Inc
Abdul Wahab Patail, Azahar Mohamed, Hamid Sultan Abu Backer JJCA
(Arbitration - Award - Foreign award - Registration - Validity) [2014] 8 CLJ 854 [CA]

Lucy Wong Nyuk King & Anor v. Hwang Mee Hiong
Abdul Wahab Patail, Balia Yusof Wahi, Tengku Maimun JJCA
(Contract - Termination - Validity - Sale and purchase agreement) [2014] 8 CLJ 865 [CA]

Sabah Forest Industries Sdn Bhd v. Industrial Court Malaysia & Anor
Raus Sharif PCA, Zaharah Ibrahim, David Wong Dak Wah JJCA
(Labour Law - Industrial Court - Unfair dismissal - Award) [2014] 8 CLJ 876 [CA]

Vision Cast Sdn Bhd & Anor v. Dynacast (Melaka) Sdn Bhd & Ors
Alizatul Khair Osman, Abdul Aziz Rahim, Varghese George JJCA
(Contract; Tort; Intellectual Property - Restraint of trade - Deed of Restrictive Covenant) [2014] 8 CLJ 884 [CA]

HIGH COURT

Cheah Wai Kong v. PP & Another Appeal
Amelia Tee Abdullah J
(Customs And Excise; Criminal Procedure - Classification of goods - Forfeiture) [2014] 8 CLJ 921 [HC]

Goh Kia Chai v. PP
Mairin Idang JC
(Criminal Procedure - Plea of guilty - Revisionary powers) [2014] 8 CLJ 934 [HC]

Ketua Pengarah Hasil Dalam Negeri v. Firgos (M) Sdn Bhd
Zaleha Yusof J
(Revenue Law - Income tax - Reinvestment allowance) [2014] 8 CLJ 943 [HC]

Rani lwn. Arumugam Krishnasamy
Abu Bakar Katar PK
(Undang-undang Keluarga - Hak penjagaan kanak-kanak - Permohonan) [2014] 8 CLJ 953 [HC]

SUBJECT INDEX

ARBITRATION

Award - Foreign award - Registration - Validity of - Application to set aside - Dispute arose out of share transfer agreement - Appellant not party to agreement but held liable - Award registered under s. 38 Arbitration Act 2005 - Failure to comply with mandatory provisions - Arbitration Act 2005, ss. 9 & 39
International Bulk Carriers SPA v. Cti Group Inc
(Abdul Wahab Patail, Azahar Mohamed, Hamid Sultan Abu Backer JJCA) [2014] 8 CLJ 854 [CA]

CONTRACT

Restraint of trade - Agreement - Deed of Restrictive Covenant - Cessation of employment - Restriction to refrain from undertaking competing business - Whether enforceable for a period of 12 months from termination of employment - Whether restrained from involving in any competing business after 12 months period - Conflict between personal interest and duty to employer - Whether proven - Whether there was a breach of contractual obligation to safeguard trade secret - Attempt to restrain from pursuing lawful trade or business - Whether agreement void and unenforceable - Contracts Act 1950, s. 28
Vision Cast Sdn Bhd & Anor v. Dynacast (Melaka) Sdn Bhd & Ors
(Alizatul Khair Osman, Abdul Aziz Rahim, Varghese George JJCA) [2014] 8 CLJ 884 [CA]

Termination - Validity - Sale and purchase agreement - Whether vacant possession delivered - Whether vendor relinquished rights on property upon signing agreement - Whether deeming provision applicable - Whether agreement validly terminated
Lucy Wong Nyuk King & Anor v. Hwang Mee Hiong
(Abdul Wahab Patail, Balia Yusof Wahi, Tengku Maimun JJCA) [2014] 8 CLJ 865 [CA]

CRIMINAL PROCEDURE

Charge - Framing or particulars of - Accused acquitted and discharged of charge under s. 135(1)(d) of Customs Act 1967 - Whether there was doubt as to nature of offence - Whether charge speaks of possession of uncustomed goods or prohibited goods - Whether charge could be amended at appellate stage - Criminal Procedure Code, ss. 167, 173(h)(ii) & 316
Cheah Wai Kong v. PP & Another Appeal
(Amelia Tee Abdullah J) [2014] 8 CLJ 921 [HC]

Plea of guilty - Conviction on plea - Whether accused understood nature and consequences of plea - Whether plea unreserved, unqualified, unequivocal and unconditional - Whether there was strict compliance with s. 173(b) Criminal Procedure Code - Defence of mistaken identity - Whether considered by trial judge - Whether court exercised its revisionary powers
Goh Kia Chai v. PP
(Mairin Idang JC) [2014] 8 CLJ 934 [HC]

Revision - Plea of guilty - Change of plea - Whether consistent - Whether accused understood nature and consequences of plea - Whether plea unreserved, unqualified, unequivocal and unconditional - Whether there was strict compliance with
s. 173(b) Criminal Procedure Code - Defence of mistaken identity - Whether considered by trial judge - Whether court exercised its revisionary powers
Goh Kia Chai v. PP
(Mairin Idang JC) [2014] 8 CLJ 934 [HC]

CUSTOMS AND EXCISE

Classification of goods - Uncustomed goods - Accused acquitted and discharged of charge under s. 135(1)(d) of Customs Act 1967 - Whether there was doubt as to nature of offence - Whether charge speaks of possession of uncustomed goods or prohibited goods - Whether charge ambiguous and lacked clarity
Cheah Wai Kong v. PP & Another Appeal
(Amelia Tee Abdullah J) [2014] 8 CLJ 921 [HC]

Forfeiture - Conditions for forfeiture - Whether goods proven to be prohibited goods - Whether there was prosecution with regards to goods seized - Whether court had recourse to ss. 127(1) and 128 of Customs Act 1967
Cheah Wai Kong v. PP & Another Appeal
(Amelia Tee Abdullah J) [2014] 8 CLJ 921 [HC]

EMPLOYMENT

Unfair dismissal - Picketing - Appeal from Court of Appeal - Lawful trade union picketing by employees against employer bank - Picketers barged into lobby and banking hall - Bank issued letters of suspension to 15 employees - Appellants found guilty and dismissed from service while five others not dismissed - Whether there was unequal treatment in dismissing appellants
Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor
(Ahmad Maarop, Hasan Lah, Zaleha Zahari, Jeffrey Tan, Ramly Ali FCJJ) [2014] 8 CLJ 821 [FC]

INTELLECTUAL PROPERTY

Copyright - Infringement of - Ownership of copyright - Whether proven - Whether respondents' promotional material reproduced in first appellant's brochure - Similarity of - Whether established
Vision Cast Sdn Bhd & Anor v. Dynacast (Melaka) Sdn Bhd & Ors
(Alizatul Khair Osman, Abdul Aziz Rahim, Varghese George JJCA) [2014] 8 CLJ 884 [CA]

LABOUR LAW

Industrial Court - Unfair dismissal - Award - Compensation in lieu of reinstatement - Second respondent had passed compulsory retirement age when award handed down - Whether there was legal basis for second respondent to be awarded compensation in lieu of reinstatement - Whether Industrial Court fell into error in awarding compensation - Whether award should be quashed - Industrial Relations Act 1967, ss. 20(1), (3), 30(5)
Sabah Forest Industries Sdn Bhd v. Industrial Court Malaysia & Anor
(Raus Sharif PCA, Zaharah Ibrahim, David Wong Dak Wah JJCA) [2014] 8 CLJ 876 [CA]

Trade union - Picketing - Lawful trade union picketing by employees against employer bank - Picketers barged into lobby and banking hall - Bank issued letters of suspension to 15 employees - Appellants found guilty and dismissed from service while five others not dismissed - Punishment of dismissal - Whether warranted and proportionate to findings of misconduct - Whether courts below took into consideration that appellants were long standing employees of bank - Whether there was unequal treatment in dismissing appellants
Harianto Effendy Zakaria & Ors v. Mahkamah Perusahaan Malaysia & Anor
(Ahmad Maarop, Hasan Lah, Zaleha Zahari, Jeffrey Tan, Ramly Ali FCJJ) [2014] 8 CLJ 821 [FC]

LAND LAW

Caveat - Private caveat - Discovery of private caveat on property - Whether there was breach of sale and purchase agreements - Whether private caveat had been properly lodged and received at Land Registry in accordance with s. 324(1) National Land Code - Whether caveat had been entered or endorsed on register document of title - Whether Registrar has power to reject applications for entry of private caveats which do not comply with s. 323 National Land Code - Whether there were encumbrances on property - National Land Code, s. 322
Version Buy Sdn Bhd v. Thong Wee Kee & Anor
(Raus Sharif PCA, Abdull Hamid Embong, Ahmad Maarop, Hasan Lah, Abu Samah Nordin FCJJ) [2014] 8 CLJ 840 [FC]

Restraint on dealings - Caveats - Discovery of private caveat on property - Whether there was breach of sale and purchase agreements - Whether private caveat had been properly lodged and received at Land Registry in accordance with s. 324(1) National Land Code - Whether caveat had been entered or endorsed on register document of title - Whether Registrar has power to reject applications for entry of private caveats which do not comply with s. 323 National Land Code - Whether there were encumbrances on property - National Land Code, s. 322
Version Buy Sdn Bhd v. Thong Wee Kee & Anor
(Raus Sharif PCA, Abdull Hamid Embong, Ahmad Maarop, Hasan Lah, Abu Samah Nordin FCJJ) [2014] 8 CLJ 840 [FC]

REVENUE LAW

Income Tax - Reinvestment allowance - Claim for - Claim for reinvestment allowance dismissed by Securities Commissioners of Income Tax ('SCIT') - Appeal against Deciding Order of SCIT - Whether reinvestment allowance could be claimed on capital expenditure incurred for production area only - Whether SCIT exercised discretion properly and lawfully in imposing penalty under s. 113(2) Income Tax Act 1967
Ketua Pengarah Hasil Dalam Negeri v. Firgos (M) Sdn Bhd
(Zaleha Yusof J) [2014] 8 CLJ 943 [HC]

TORT

Breach of confidence - Disclosure of trade secrets of ex-employer - Confidential information - Whether identified - Contractual obligation to safeguard trade - Whether breached - Conflict between personal interest and duty to employer - Whether proven - Whether there was breach of fiduciary duty - Companies Act 1965, s. 132(1) & (2)
Vision Cast Sdn Bhd & Anor v. Dynacast (Melaka) Sdn Bhd & Ors
(Alizatul Khair Osman, Abdul Aziz Rahim, Varghese George JJCA) [2014] 8 CLJ 884 [CA]

INDEKS PERKARA

UNDANG-UNDANG KELUARGA

Hak penjagaan kanak-kanak - Permohonan untuk hak penjagaan kanak-kanak oleh ibu - Ibu meninggalkan rumah dan berkahwin dengan lelaki lain - Kanak-kanak dalam jagaan bapa dan nenek sepanjang masa - Sama ada perubahan persekitaran akan memberi kesan kepada perkembangan kanak-kanak - Sama ada kebajikan kanak-kanak pertimbangan utama - Akta Penjagaan Budak 1961, s. 11
Rani lwn. Arumugam Krishnasamy
(Abu Bakar Katar PK) [2014] 8 CLJ 953 [HC]

ARTICLE

Legal Network Series Article(s)

1. E-MEDICINE IN MALAYSIA:
    LEGAL AND ETHICAL CHALLENGES*
[Read excerpt]
    by: ASSOCIATE PROFESSOR DR PUTERI NEMIE JAHN KASSIM** [2014] 1 LNS(A) cxv

2. MEDIA INTRUSION AND HUMAN RIGHTS:
    STRIKING THE BALANCE*
[Read excerpt]
    by: LADY JUSTICE ARDEN [2014] 1 LNS(A) cxviii

LEGISLATION HIGHLIGHTS

Principal Acts

Number Title Date coming into force Repealing
ACT 763 Yayasan Guru Tun Hussein Onn Act 2014 Not Yet In Force -Nil-
ACT 762 Goods And Services Tax Act 2014 1 July 2014 - Parts I, II, IV, VI and XVI, ss 10, 11, 17, 18, 33, 34, 35, 36, 37, 40, 44, 50, 56, 59, 61, 64, 65, 69, 71, 72, 73, 74, 75, 80, 81, 82, 83, 85, 86, 87, 92, 93, 95, 96, 97, 99, 100, 101, 102, 103, 104, 105, 107, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 160, 163, 183, 184 and 197, the First Schedule and Second Schedule to the Act; 1 April 2015 - Parts IX, XIII, XVII and XVIII, ss 9, 12, 13, 14, 15, 16, 38, 39, 41, 42, 43, 45, 46, 47, 48, 49, 51, 52, 53, 57, 58, 60, 62, 63, 66, 67, 68, 70, 84, 88, 89, 90, 91, 94, 98, 106, 108, 109, 110, 122, 154, 155, 156, 157, 158, 159, 161, 162, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195 and 196, the Third Schedule and Fourth Schedule to the Act [PU(B) 319/2014] -Nil-
ACT 761 Finance Act 2014 See s 3 for the Income Tax Act; s 33 for the Stamp Act; s 36 for the Petroleum (Income Tax) Act; s 44 for the Real Property Gains Tax Act and s 50 for the Labuan Business Activity Tax Act -Nil-
ACT 760 Fees (Department Of Museums Malaysia) (Validation) Act 2014 1 January 1991 to 11 June 2012 -Nil-
ACT 759 Islamic Financial Services Act 2013 30 June 2013 [PU(B) 277/2013] - except para(s) 1 to 10 of Schedule 9 and para(s) 13 to 19 of Schedule 9 -Nil-

Amending Acts

Number Title Date coming into force Principal/Amending Act No
ACT A1468 Promotion Of Investments (Amendment) Act 2014 See section 1(1) to 1(33) of the Act ACT 327
ACT A1467 Anti-Money Laundering And Anti-Terrorism Financing (Amendment) Act 2014 8 August 2014 - s 78 only; 1 September 2014 except ss 22 and 26 - 1 October 2014 [PU(B) 400/2014] ACT 613
ACT A1466 Supplementary Supply (2014) Act 2014 25 July 2014 -Nil-
ACT A1465 Private Higher Educational Institutions (Amendment) Act 2014 25 July 2014 ACT 555
ACT A1464 Price Control And Anti-Profiteering (Amendment) Act 2014 1 September 2014 [PU(B) 399/2014] ACT 723

PU(A)

Number Title Date of Publication Date coming into force Principal/Amending Act No
PU(A) 301/2014 Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities (Declaration Of Specified Entities And Reporting Requirements) (Amendment) Order 2014 12 November 2014 13 November 2014 PU(A) 93/2014
PU(A) 300/2014 Factories And Machinery (Exemption To Petronas Gas Berhad, Kertih, Terengganu) Order 2014 12 November 2014 13 November 2014 ACT 139
PU(A) 299/2014 National Service Training (Persons Required To Undergo National Service Training) Order 2014 11 November 2014 1 December 2014 ACT 628
PU(A) 298/2014 Proclamation 11 November 2014 13 June 2014 ACT 628
PU(A) 297/2014 Loans Guarantee (Bodies Corporate) (Remission Of Tax And Stamp Duty) (No. 4) Order 2014 10 November 2014 17 December 2013 ACT 96

PU(B)

Number Title Date of Publication Date coming into force Principal/Amending Act No
PU(B) 504/2014 Notice Of Extension Of Time Period For Making Preliminary Determination 13 November 2014 14 November 2014 until 13 December 2014 ACT 657; PU(A) 386/2007
PU(B) 503/2014 Notification Of Values Of Crude Petroleum Oil Under Section 12 13 November 2014 13 November 2014 to 26 November 2014 ACT 235
PU(B) 502/2014 Appointment Of Lock-Up To Be A Place Of Confinement 11 November 2014 12 November 2014 ACT 537; ACT 694
PU(B) 501/2014 Appointment Of Lock-Up To Be A Place Of Confinement 11 November 2014 12 November 2014 ACT 537
PU(B) 500/2014 Appointment Of Lock-Up To Be A Place Of Confinement 11 November 2014 12 November 2014 ACT 537; ACT 694
[2014] 1 LNS(A) cxv MALAYSIA

E-MEDICINE IN MALAYSIA: LEGAL AND ETHICAL CHALLENGES*

by

ASSOCIATE PROFESSOR DR PUTERI NEMIE JAHN KASSIM**


INTRODUCTION

The rapid migration of the healthcare industry to the Internet and other electronic media creates a range of new opportunities and challenges for policymakers, lawyers, healthcare providers,[1] insurers, patients and other entities in the healthcare industry. Although the use of the Internet will undoubtedly facilitate more efficient delivery of health services to communities, this new environment has the potential to change the ways in which health professionals and consumers interact, while the privacy of personal information takes on a new significance. As has often been the case, with web-based innovations and commerce, technology has moved in advance of the law. The legal fraternity are now scrambling to catch up with the developments and there is a clear move towards evolving a legal framework that can address the new issues that arise from the use of information technology in the healthcare industry.

THE USE OF INTERNET IN THE HEALTHCARE INDUSTRY

"Internet" can be defined as "an international network of interconnected computers."[2] A more specific definition would be "a network of computers that share a common interface protocol, allowing them to communicate and share information over large distances."[3] The Internet network has transformed the way in which people seek information, conduct business and communicate with others. The healthcare industry is one of the many industries that have been influenced by the Internet. The Internet has become an indispensable tool for patients to consult for health information and interact with their healthcare providers.


. . .

* Prosiding Seminar Kebangsaan Undang-Undang & Teknologi: Isu Undang-undang dan Syariah. Published with kind permission of the Publication Committee of the Law Faculty, Universiti Kebangsaan Malaysia.

** nemie@iiu.edu.my / puterinernie@hotmail.com. Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia


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[2014] 1 LNS(A) cxviii UNITED KINGDOM

MEDIA INTRUSION AND HUMAN RIGHTS:
STRIKING THE BALANCE*

by

LADY JUSTICE ARDEN


The problem stated

1. There is considerable public debate at the present time about the conduct of the press and in particular about the conduct of investigative journalism. The press is said to behave badly. People's lives can be ruined by the disclosure by the press of matters about their private lives. The purpose of this lecture is to explain the contribution that human rights jurisprudence can make to solving some of these problems. It cannot solve them all, but it can, as I shall show, certainly solve some of them.

2. As everyone knows, human rights jurisprudence is the jurisprudence of the European Court of Human Rights in Strasbourg ("the Strasbourg court"). The Strasbourg court is a supranational court. It lays down jurisprudence for the populations of the countries of the Council of Europe, which total about 800m people. Its task is to interpret the European Convention on Human Rights. By so doing it is establishing a set of fundamental rights for all of the European nations.

3. The area which my title covers is broad, in fact far too broad to cover in a single lecture. So there are a large number of subjects within it that I will not cover. In particular, I shall not be talking about the current phone hacking allegations or about the relationship between the police and the press. Nor will I be talking about the recent problems with "super injunctions" as they are called, that is, interim injunctions which restrain a person from publishing information which concerns the applicant and which is said to be confidential or private and which also restrains a person from publicising or informing others of the existence of the order and the proceedings. Nor will I be talking about the proposed changes to the law of defamation in the draft Defamation Bill or the possibility that the criminal law might be changed so as to provide greater protection to journalists. Nor will I be talking about the privacy issues surrounding Google.[1] In addition, I am not going to comment on any case where it is suggested that there has been some criminal offence. The presumption of innocence applies. No one is to be taken to have acted unlawfully until that is proved.


. . .

* Lady Justice Arden, Public Lecture, Cardiff Law School (15 March 2012). Published with kind permission of the Judicial Communications Office, Judiciary of England and Wales (http://www.judiciary.gov.uk/wp-content/uploads/JCO/ Documents/Speeches/lj-arden-speech-media-intrusion-cardiff.pdf).


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