Malaysian legal alert
 
Issue 6.43, 12 Nov 2012
 
 
       
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Previous Issues:
Issue 6.42
Issue 6.41
Issue 6.40
Issue 6.39
Issue 6.38
Issue 6.37
Issue 6.36
Issue 6.35
Issue 6.34
Issue 6.33
Issue 6.32
Issue 6.31
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Double Taxation Relief (The Government of the Hong Kong Special Administrative Region of the People's Republic of China) Order 2012  
The Order declares that the arrangements specified in the Schedule have been made by the Government of Malaysia with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China with a view to affording relief from double taxation in relation to Malaysian tax and Hong Kong tax shall have effect. The Schedule sets out the Agreement between the Government of Malaysia with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income.
Source: Federal Gazette Portal of the Attorney General's Chambers; Original Title: n Relief (The Government of the Hong Kong Special Administrative Region of the People's Republic of China) Order 2012; Date: 07/11/2012; Practice Areas: Tax and Revenue
 
Exchange of Information (The Government of Bermuda) Order 2012  
The Order declares that the arrangements specified in the Schedule have been made by the Government of Malaysia with the Government of Bermuda with a view of exchanging information that is foreseeably relevant in relation to Malaysian tax and Bermudian tax shall have effect. The Schedule sets out the Agreement between the Government of Malaysia and the Government of Bermuda (as authorised by the United Kingdom of Great Britain and Northern Ireland) for the Exchange of Information relating to Tax Matters.
Source: Federal Gazette Portal of the Attorney General's Chambers; Original Title: Exchange of Information (The Government of Bermuda) Order 2012; Date: 08/11/2012; Practice Areas: Tax and Revenue
   
 
Public Ruling on REITs/ Property Trust Funds - An Overview  
The objective of this Ruling is to explain the real estate investment trusts / property trust funds and Islamic real estate investment trusts in Malaysia. The provisions of the Income Tax Act 1967 (ITA 1967) related to this Public Ruling are sections 8, 33, 43, 44, 61, 61A, 63C, 63D, 109D, 110, paragraphs 4(a), 4(d), and Part I and Part X of Schedule 1.
Source: IRB website; Original Title: Real Estate Investment Trusts/ Property Trust Funds - An Overview; Date: 02/11/2012; Practice Areas: Tax and Revenue
 
Public Ruling on Taxation of Unit Holders of REITs/ Property Trust Funds  
The objective of this Ruling is to explain the tax treatment of distribution of income from real estate investment trusts / property trust funds in Malaysia to it’s unit holders. The provisions of the Income Tax Act 1967 (ITA 1967) related to this Public Ruling are sections 6, 7, 8, 61, 61A, 109D, 110 and Part 1 and X of Schedule 1.
Source: IRB website; Original Title: Taxation of Unit Holders of Real Estate Investment Trusts/ Property Trust Funds; Date: 29/10/2012; Practice Areas: Tax and Revenue
 
SC revises its Licencing Handbook  
This handbook is issued pursuant to section 377 of the Capital Markets and Services Act 2007 (CMSA) and has the effect of a guideline issued by the Securities Commission Malaysia. This handbook sets out (a) the single licensing regime under the CMSA; (b) the criteria to be met for applying and varying a licence; (c) the application procedures; and (d) ongoing obligations imposed on licensed persons, including conditions and restrictions attached to a licence.
Source: SC Website; Original Title: SC revises its Licencing Handbook; Date: 06/11/2012; Practice Areas: Banking and Finance
 
BNM publishes Guidelines on Data Management and MIS Framework for Development Financial Institutions  
The Guidelines on Data Management and Management Information System for Development Financial Institutions (the Guidelines) sets out high level guiding principles on sound data management and MIS practices that DFIs should observe when developing internal data management capabilities. DFIs should structure and implement data and management information systems in a manner that is consistent with the principles set out in the Guidelines and appropriate to each DFI’s specific business needs.
Source: BNM Website; Original Title: Guidelines on Data Management and MIS Framework for Development Financial Institutions; Date: 05/11/2012; Practice Areas: Banking and Finance
   
 
Industrial Court: He Malani a/p Ganeson v Keselamatan Garuda Bersatu (M) Sdn Bhd  
Employment law - Dismissal - Misconduct - Alleged financial misappropriation - Whether misconduct established - Whether dismissal with just cause or excuse
Source: Industrial Court website; Original Title: He Malani a/p Ganeson v Keselamatan Garuda Bersatu (M) Sdn Bhd; Date: 02/11/2012; Suit No: Award No. 1479 of 2012; Court: Industrial Court; Quorum: Anna Ng Fui Choo, Chairman; Practice Areas: Employment and IR
 
Industrial Court: Astana Integrasi (M) Sdn Bhd v Charanjit Singh a/l Maghar Singh  
Employment law - Dismissal - Misconduct - Poor conduct towards customers - lack of punctuality - Whether misconduct established - Whether dismissal with just cause or excuse
Source: Industrial Court website; Original Title: Astana Integrasi (M) Sdn Bhd v Charanjit Singh a/l Maghar Singh; Date: 30/10/2012; Suit No: Award No. 1444 of 2012; Court: Industrial Court; Quorum: Ahmad Terrirudin Bin Mohd Salleh, Chairman; Practice Areas: Employment and IR
 
Court of Appeal: Bangkong Anak Puan (L) v Pendakwa Raya  
Criminal practice - Murder - Section 302 - Conviction and sentence - Appeal - Issue of sudden and grave provocation
Source: Federal Court website; Original Title: Bangkong Anak Puan (L) v Pendakwa Raya; Date: 18/10/2012; Suit No: Rayuan Jenayah No. Q-05-347-2010; Court: Court of Appeal; Quorum: Abu Samah Nordin, JCA; Clement Allan Skinner, JCA; Aziah Ali, JCA; (Judgment delivered by Aziah Ali, JCA); Practice Areas: Criminal Practice
 
Court of Appeal: King Seng Hock and Another v Pendakwa Raya  
Criminal practice - Drug trafficking - Dangerous Drugs Act - Conviction, Death sentence, Appeal - Impeachment of witness' credit - Application to exclude information under section 27 of the Evidence Act - Unfair criticism of defence case
Source: Federal Court website; Original Title: King Seng Hock and Another v Pendakwa Raya; Date: 18/10/2012; Suit No: Rayuan Jenayah No. J-05-68-2009; Court: Court of Appeal; Quorum: Hasan Lah, JCA; Abdul Malik Bin Ishak, JCA; Ahmad Haji Maarop, JCA; (Judgment delivered by Ahmad Haji Maarop, JCA); Practice Areas: Criminal Practice
   
 
Bosses: Defer 'retiring at 60' Rule  
The Malaysian Employers Federation has proposed a transition period of five years before they could implement the new minimum retirement age of 60 for private sector workers.
Source: New Straits Times; Original Title: Bosses: Defer 'retiring at 60' rule; Date: 10/11/2012; Practice Areas: Employment and IR
 
High Court dismisses Canine Supplier-s Lawsuit  
The High Court at Kuala Lumpur has dismissed a breach of contract suit filed by a canine supplier against the Government and three others over the supply of working dogs to the Prisons Department. The canine supplier had filed the suit after the Government terminated its contract with the company for failing to deliver the required number of dogs within the time frame stipulated in the contract.
Source: The Star; Original Title: High Court dismisses canine supplier’s lawsuit; Date: 10/11/2012; Practice Areas: General and Miscellaneous, Procedural Law
 
Malaysia establishes Green Court since Sept 3  
The Green Court dedicated to hear cases related to the environment has been established since September 3, said Chief Justice Tun Ariffin Zakaria. The judiciary is actively training judges and magistrates in handling cases related to the environment in order to prepare them in terms of proceedings and meting out penalties, he added.
Source: Bernama, New Straits Times; Original Title: Malaysia Establishes Green Court Since Sept 3; Date: 09/11/2012; Practice Areas: Environmental Law
 
Animal Abusers to face harsher Penalties  
The Animal Welfare Bill would be ready to be tabled in Parliament next year, said Deputy Agriculture and Agro-based Industry Minister Datuk Chua Tee Yong. Based on the latest feedback, seven new regulations would be added to the Bill, including harsher penalties for repeat animal abusers, he added.
Source: The Star; Original Title: Animal abusers to face harsher penalties; Date: 09/11/2012; Practice Areas: General and Miscellaneous, Environmental Law
 
No Change in Penalties against Income Tax Evaders, says Minister  
The government has no intention to amend or abolish the penalties imposed on individuals who refuse to pay income tax, said Deputy Finance Minister Datuk Donald Lim Siang Chai. He also said that the penalties provided under the Income Tax Act 1967 had been successful in educating individuals to pay tax on time.
Source: Bernama, New Straits Times; Original Title: No Change In Penalties Against Income Tax Evaders - Donald Lim; Date: 08/11/2012; Practice Areas: Tax and Revenue
 
Bank Negara maintains OPR at 3 Per Cent  
Bank Negara Malaysia (BNM) has decided to maintain the Overnight Policy Rate (OPR) at three per cent.
Source: Bernama, The Star, New Straits Times; Original Title: Bank Negara Maintains OPR At 3 Per Cent; Date: 08/11/2012; Practice Areas: Banking and Finance
 
No Government Plan to abolish Life Imprisonment  
The government has no plan to abolish life imprisonment, Home Minister Datuk Seri Hishammuddin Hussein has said. He added that according to Regulation 113 of the Prisons Regulations 2000, each individual sentenced to life imprisonment was given the right to appeal to or petition the State Pardons Board.
Source: Bernama; Original Title: No Government Plan To Abolish Life Imprisonment; Date: 08/11/2012; Practice Areas: Criminal Practice
 
Asean Central Banks to launch Framework for Banking Sector Integration  
The Asean central banks, which endorsed the Asean Financial Integration Framework in 2011, are in the final stages to launch the framework for banking sector integration, said Bank Negara Malaysia Governor Tan Sri Dr Zeti Akhtar Aziz. She noted that the framework will pave the way for a more meaningful presence of qualifying Asean banks within the region, while promoting regional financial stability.
Source: Bernama, The Star; Original Title: Asean Central Banks Close To Launching Framework For Banking Sector Integration, Says Zeti; Date: 07/11/2012; Practice Areas: Banking and Finance
 
Bill to remove Judges Discretionary Power not Knee-Jerk Reaction  
A Bill seeking to remove the discretionary powers of judges in sentencing statutory rape offenders (aimed at protecting underage girls from falling victims to rape) would be tabled in the next parliamentary session, revealed Minister in the Prime Minister's Department Datuk Seri Nazri Aziz. He pointed out that the seriousness of the offence had to be reflected continuously by ensuring that lighter sentences were not meted out for those found guilty.
Source: New Straits Times; Original Title: Bill to remove judges' discretionary power NOT KNEE-JERK REACTION; Date: 07/11/2012; Practice Areas: Criminal Practice, Court News, Procedural Law
 
Rebranding of IRB Contact Centre Toll Free Line  
The Inland Revenue Board of Malaysia's new Contact Centre toll-free line is 1-800-88-LHDN (5436). This new toll-free line is dedicated to respond to general inquiries about income tax and Inland Revenue Board of Malaysia.
Source: IRB website; Original Title: Rebranding Of Inland Revenue Board Contact Centre Toll Free Line; Date: 05/11/2012; Practice Areas: Tax and Revenue
 
Malaysia and EFTA agree to start FTA Talks, says Mustapa  
Malaysia and the European Free Trade Association (EFTA) has agreed to begin negotiations for a free trade agreement (FTA), said International Trade and Industry Minister Datuk Seri Mustapa Mohamed. However, the date to start the negotiations has not been decided, and would be mutually agreed to by both sides, he added.
Source: Bernama, The Star; Original Title: Malaysia And EFTA Agree To Start FTA Talks, Says Mustapa; Date: 05/11/2012; Practice Areas: Commercial Law, International Law
 
 
Sexual Harassment  
Kuala Lumpur Bar Practitioners’ Affairs Committee along with Kuala Lumpur Bar Professional Development Committee is jointly organizing a talk on Sexual Harassment on 20 December 2012 at Kuala Lumpur Bar Auditorium.
Source: Kuala Lumpur Bar website; Original Title: Sexual Harassment; Date: 20/12/2012; Venue of the Event: Kuala Lumpur Bar Auditorium; Organizer: Kuala Lumpur Bar Professional Development Committee, Kuala Lumpur BarPractitioners’ Affairs Committee; Event Fees: RM30.00; Free for Pupils-in-Chambers/Law Students (Registration Required); Practice Areas: General and Miscellaneous
 
The Fundamentals of Bankruptcy Proceedings  
Kuala Lumpur Bar Professional Development Committee is organizing a seminar titled The Fundamentals of Bankruptcy Proceedings on 12 December 2012 at Kuala Lumpur Bar Auditorium. The Seminar will cover various topics including Bankruptcy Proceedings, Introduction to the Bankruptcy Act, Proving of debts, etc.
Source: Kuala Lumpur Bar website; Original Title: The Fundamentals of Bankruptcy Proceedings; Date: 12/12/2012; Venue of the Event: Kuala Lumpur Bar Auditorium; Organizer: Kuala Lumpur Bar Professional Development Committee; Event Fees: RM80.00, member and student discounts available; Practice Areas: General and Miscellaneous
 
Mutual Assistance in Criminal Matters  
Department of Attorney General is organizing a seminar titled Mutual Assistance in Criminal Matters: Can You Afford Not to Know It? on 29 November 2012 at the Department of Attorney General. The Seminar aims to expose participants to the laws governing mutual assistance, understand the importance of mutual assistance in combating transnational crime, explore the effects of mutual assistance on financial institutions and the private sector, etc.
Source: The Malaysian Bar; Original Title: Mutual Assistance in Criminal Matters: Can You Afford Not to Know It?; Date: 29/11/2012; Venue of the Event: Level 3, Department of Attorney General; Organizer: Department of Attorney General; Event Fees: RM500.00; Practice Areas: Criminal Practice
 
Real Property Gains Tax: The Basics and the Advanced  
Chartered Tax Institute of Malaysia (CTIM) is organizing a seminar titled Real Property Gains Tax: The Basics and the Advanced on 20 December 2012 at Seri Pacific Hotel, Kuala Lumpur. The Seminar will cover various topics including Principle of real property gains tax and overview of changes over the last decade, conditional contracts, chargeable gain and exemption, etc.
Source: CTIM website; Original Title: Real Property Gains Tax: The Basics and the Advanced; Date: 20/12/2012; Venue of the Event: Seri Pacific Hotel, Kuala Lumpur; Organizer: CTIM; Event Fees: RM460.00, member discount available; Practice Areas: Real Estate and Property, Tax and Revenue
   
 
A Practical Guide to Probate-Letters of Probate  
A Practical Guide to Probate-Letters of Probate by Kanesh Sundrum is a practical reference tool for the busy practitioners on the procedure for applying for the Letters of Probate.
Source: LexisNexis; Original Title: A Practical Guide to Probate-Letters of Probate; Date: 01/10/2012; Author/Editor: Kanesh Sundrum; Publisher/Journal: LexisNexis Malaysia; Price: RM230.00; ISBN: 9789674001094; Practice Areas: General and Miscellaneous
 
Singapore Arbitral Awards 2012  
Singapore Arbitral Awards 2012 by LexisNexis is the perfect way of keeping up to date with the arbitration proceedings in Singapore, as it brings the most comprehensive set of redacted arbitral awards decided in Singapore.
Source: LexisNexis; Original Title: Singapore Arbitral Awards 2012; Date: 01/10/2012; Author/Editor: LexisNexis; Publisher/Journal: LexisNexis; Price: RM918.00; ISBN: 9789812369567; Practice Areas: Arbitration and ADR