Malaysian legal alert
 
Issue 6.48, 17 Dec 2012
 
 
       
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Issue 6.42
Issue 6.41
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Issue 6.38
Issue 6.37
Issue 6.36
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Rang Undang-Undang Perkhidmatan Kewangan 2012  
Rang Undang-Undang ini bertujuan untuk menggabungkan Akta Bank dan Institusi-Institusi Kewangan 1989, Akta Insurans 1996, Akta Sistem Pembayaran 2003 dan Akta Kawalan Pertukaran Wang 1953 dan untuk mengadakan perkara yang bersampingan dan berkaitan dengannya.
Source: Parliament Website; Original Title: Rang Undang-Undang Perkhidmatan Kewangan 2012; Date: 12/12/2012; Practice Areas: Banking and Finance
 
Sales Tax (Rates of Tax No. 2) Order 2012 Corrigendum  
The Order rectifies some of the mistakes in the Sales Tax (Rates of Tax No. 2) Order 2012.
Source: Federal Gazette Portal of the Attorney General's Chambers; Original Title: Sales Tax (Rates of Tax No. 2) Order 2012 Corrigendum; Date: 10/12/2012; Practice Areas: Tax and Revenue
   
 
IRB releases Public Ruling on Tax Treatment of Malaysian Ship  
The Inland Revenue Board has released a public ruling (No. 10 of 2012) on Tax Treatment of Malaysian Ship. This Ruling explains the tax treatment of a Malaysian Ship and the exemption of shipping income in respect of a person resident in Malaysia prior to the year of assessment 2014.
Source: IRB website; Original Title: Public Ruling on Tax Treatment of Malaysian Ship; Date: 13/12/2012; Practice Areas: Tax and Revenue
   
 
Industrial Court: Dara Esah Binti Nurdin v Aeon Co (M) Berhad  
Employment law - Fixed Term Contract for 6 months - Contract renewed twice after performance review - Termination - Whether the employment was still under fixed term contract - Whether non-renewal of the contract justified and bonafide
Source: Industrial Court website; Original Title: Dara Esah Binti Nurdin v Aeon Co (M) Berhad; Date: 05/12/2012; Suit No: Award No. 1676 of 2012; Court: Industrial Court; Quorum: Hapipah Binti Monel, Pengerusi; Practice Areas: Employment and IR
 
Industrial Court: Khew Chee Sun v HSL Electrical & Electronics Sdn Bhd  
Employment law - Dismissal - Alleged misconduct - Sexual harassment - Whether misconduct proved - Whether the precise nature of the charge with material particulars set out - Whether dismissal with just cause or excuse
Source: Industrial Court website; Original Title: Khew Chee Sun v HSL Electrical & Electronics Sdn Bhd; Date: 05/12/2012; Suit No: Award No. 1671 of 2012; Court: Industrial Court; Quorum: P Iruthayaraj a/l D Pappusamy, Pengerusi; Practice Areas: Employment and IR
 
Industrial Court: Mohd Isa Bin Ali v Toyochem Sdn Bhd  
Employment law - Dismissal - Poor performance - Misconduct - Late for work - Missing during office hours - Whether misconduct established - Whether misconduct sufficiently serious to warrant dismissal - Whether dismissal with just cause or excuse
Source: Industrial Court website; Original Title: Mohd Isa Bin Ali v Toyochem Sdn Bhd; Date: 04/12/2012; Suit No: Award No. 1669 of 2012; Court: Industrial Court; Quorum: Ong Geok Lan, Chairman; Practice Areas: Employment and IR
   
 
Revenue Service Centre in Kulim begins Operations  
The Revenue Service Centre in Kulim, Kedah, which provides a wide range of stamp duty services and advice on tax matters, has begun operations on 16 December. The centre is located at No. 12, Ground and First Floors, Three-Storey Commercial Building, Kulim Business Park, Jalan Tungku Asaad.
Source: Bernama; Original Title: Revenue Service Centre In Kulim Begins Operations On Sunday; Date: 14/12/2012; Practice Areas: Tax and Revenue
 
Utusan Melayu ordered to pay RM50,000 in General Damages to Karpal Singh  
The High Court at Kuala Lumpur has ordered Utusan Melayu Berhad to pay RM50,000 in general damages to DAP chairman Karpal Singh for publishing an article which defamed him. The Court however disallowed exemplary and aggravated damages.
Source: Bernama, The Star; Original Title: Utusan Melayu Ordered To Pay RM50,000 In General Damages To Karpal Singh; Date: 14/12/2012; Practice Areas: Civil Wrongs
 
Traders can face RM100,000 Fine for organising Sale without Permit  
Sarawak Domestic Trade, Cooperatives and Consumerism Ministry director Wan Ahmad Uzir Wan Sulaiman has said that traders who organise a sale without permit could face RM100,000 fine and three years in jail under the Trade Descriptions Act. He added that the permit was to prevent consumers from being cheated by such an activity which only aimed at increasing the traders' sales.
Source: Bernama; Original Title: Traders Can Face Rm100,000 Fine For Organising Sale Without Permit; Date: 15/12/2012; Practice Areas: Corporate Law, General and Miscellaneous, Commercial Law
 
Celco fined RM20,000 for failing to stop Content Subscription  
A cellular company has been slapped with a RM20,000 fine by the telecommunications regulator for failure to stop the mobile content subscription which was supposed to be for a limited period. The company was fined under Section 242 of the Communications & Multimedia Act 1998 and has been given until Dec 29 to pay up the fine, which was based on one complaint. The fine is reported to be the first of a series of fines the regulator is going to slap on mobile companies in the coming weeks to months based on complaints, standard and quality of services.
Source: The Star; Original Title: Celco fined RM20,000 for failing to stop content subscription; Date: 14/12/2012; Practice Areas: IP and Technology
 
Regulations on TV Advertisements to be strengthened, says Minister  
The Information, Communications and Culture Ministry is in the process of strengthening the existing regulations on television advertisements to ensure a more effective monitoring, said its deputy minister, Datuk Joseph Salang. He added that the requirement for advertisements to be issued with the made-in Malaysia (MIM) certificate to be aired on television was still applicable.
Source: Bernama; Original Title: Regulations On TV Advertisements To Be Strengthened - Salang; Date: 13/12/2012; Practice Areas: IP and Technology
 
Ex-cooperative Board Members fined  
Two former board members of Aristokrat Malaysia Berhad were fined RM50,000 and RM20,000 each by the Sessions Court at Seremban. They were found guilty of presenting the company as a cooperative before it was registered with the Cooperative Commission of Malaysia.
Source: The Star; Original Title: Ex-cooperative board members fined; Date: 13/12/2012; Practice Areas: Corporate Law
 
Court upholds Compensation paid to Former Sales Manager  
The Court of Appeal has upheld a High Court ruling which awarded RM117,000 in compensation to a former sales manager whose salary and allowance was wrongfully deducted for 11 years by his ex-employer. In 1988, the employer had found Lee guilty of misconduct and reduced his monthly salary by RM400, and his allowance by RM300 for a period of two years.
Source: The Star, New Straits Times; Original Title: Court upholds compensation paid to former sales manager; Date: 13/12/2012; Practice Areas: Employment and IR
 
Ministry mulls Law to monitor Beauty Centres, says Minister  
The Health Ministry is mulling over the possibility to have a law that will enable it to monitor activities at beauty centres and act against any misconducts, said its minister Datuk Seri Liow Tiong Lai. He added that there were no laws that allow the ministry to act against beauty centres carrying activities beyond their scopes of practice, such as giving cosmetic injections, which only a qualified doctor can perform.
Source: Bernama; Original Title: Ministry Mulls Law To Monitor Beauty Centres - Liow; Date: 11/12/2012; Practice Areas: Health and Medical Law
 
Personal Data Protection Act to come into Force on Jan 1  
The Personal Data Protection Act, aimed at preventing abuse of personal data of citizens for commercial purposes, would come into force on Jan 1, said Deputy Information, Communications and Culture Minister Datuk Joseph Salang. The Act, which was passed by Parliament in 2010, would play a crucial role in safeguarding the interest of individuals, and made it illegal for corporate entities or individuals to sell personal information or allow the use of data by third parties, he pointed out.
Source: Bernama, The Star, New Straits Times; Original Title: Personal Data Protection Act To Come Into Force On Jan 1; Date: 12/12/2012; Practice Areas: IP and Technology
 
Ministry may create Laws to monitor Foreign Funds in NGO, Companies  
The Domestic Trade, Cooperatives and Consumerism ministry has not dismissed the possibility of creating special laws to monitor the channelling and entry of foreign funds into non-governmental organisations and companies in the country, said Deputy Minister Datuk Tan Lian Hoe. So far, he added, the ministry's jurisdiction, through the Companies Commission of Malaysia, was limited to supervising laws under the Companies Act 1965 and Business Registration Act 1956.
Source: Bernama; Original Title: Ministry May Create Laws To Monitor Foreign Funds In NGO, Companies; Date: 12/12/2012; Practice Areas: Corporate Law
 
Malaysia wants Human Rights Issue not to be included in ITR  
The issue of human rights should not be included in the International Telecommunication Regulations (ITR) draft that binds member countries of the International Telecommunication Union (ITU) in various aspects of telecommunications, said Minister of Information, Communications and Culture, Datuk Seri Dr Rais Yatim. He added that the World Conference of International Telecommunications (WCIT) 2012 must consider that only 28 of the 193 ITU member states had registered their support to include human rights issue in the draft.
Source: Bernama, The Star; Original Title: Malaysia Wants Human Rights Issue Not Be Included In ITR; Date: 12/12/2012; Practice Areas: IP and Technology, Commercial Law, International Law
 
Malacca-s Heritage Tax Windfall  
Malacca has collected RM1.5 million in heritage tax as of last month from tourists visiting the state. Beginning April, the tax was imposed on guests staying at hotels, resorts, chalets, apartments and lodging facilities in Malacca: both domestic and foreign tourists pay RM2 in heritage tax each on published room rates to help preserve heritage sites in the state capital.
Source: New Straits Times; Original Title: Malacca's heritage tax windfall; Date: 12/12/2012; Practice Areas: Tax and Revenue
 
Having Contraband Cigarettes an Offence soon, says Liow  
Possessing contraband cigarettes would become an offence once the Health Ministry adopts the amendments to the Tobacco Products Regulations which are expected to take effect in the first quarter of next year, said Health Minister Datuk Seri Liow Tiong Lai. The Ministry, he added, was finalising the proposed amendments as it was getting feedback from the stakeholders, such as the public, through the ministry's website.
Source: Bernama, The Star, New Straits Times; Original Title: Having Contraband Cigarettes An Offence Soon - Liow; Date: 10/12/2012; Practice Areas: Criminal Practice, IP and Technology
 
 
FasTax Series - Getting Transfer Pricing Essentials Right  
CCH Malaysia is organizing a workshop titled FasTax Series - Getting Transfer Pricing Essentials Right on 14 January 2013 at Concorde Hotel, Kuala Lumpur. The Workshop will guide participants through the essentials of the Transfer Pricing Rules 2012 and the Inland Revenue Guidelines.
Source: CCH Malaysia website; Original Title: FasTax Series - Getting Transfer Pricing Essentials Right; Date: 14/01/2013; Venue of the Event: Concorde Hotel, Kuala Lumpur; Organizer: CCH Malaysia; Event Fees: RM1500.00, member discount available; Practice Areas: Tax and Revenue
 
Corporate Litigators WMDs: Winding-up, Minority Oppression and Derivative Action  
Kuala Lumpur Bar Professional Development Committee is organizing a seminar titled Corporate Litigators WMDs: Winding-up, Minority Oppression and Derivative Action on 10 January 2013 at Kuala Lumpur Bar Auditorium. The Seminar will cover various topics including Corporate Litigatorís Toolkit, Importance of Interim Remedies, etc.
Source: Kuala Lumpur Bar website; Original Title: Corporate Litigators WMDs: Winding-up, Minority Oppression and Derivative Action; Date: 10/01/2013; Venue of the Event: Kuala Lumpur Bar Auditorium; Organizer: Kuala Lumpur Bar Professional Development Committee; Event Fees: RM100.00, member and student discounts available; Practice Areas: Corporate Law, Procedural Law
 
An Overview of the Recent Developments in Malaysian Intellectual Property Law  
Malaysian Bar Council along with Penang Bar Committee is jointly organizing a seminar titled An Overview of the Recent Developments in Malaysian Intellectual Property Law on 17 January 2013 at Bayview Hotel Georgetown, Penang. The Seminar will discuss various topics including Intellectual Property Infrastructure, Amendments to Legislation and Regulations, Case Law Updates, etc.
Source: The Malaysian Bar; Original Title: An Overview of the Recent Developments in Malaysian Intellectual Property Law; Date: 17/01/2013; Venue of the Event: Bayview Hotel Georgetown, Penang; Organizer: Malaysian Bar Council, Penang Bar Committee; Event Fees: RM100.00, member and student discounts available; Practice Areas: IP and Technology
   
 
A Practical Guide to Preventive Relief - Injunction  
A Practical Guide to Preventive Relief - Injunction by Paul P Subramaniam provides the user with a clear overview of the topic, followed by a succinct step by step guide on the procedure of the particular area of practice with cross references to the relevant Forms, etc.
Source: LexisNexis; Original Title: A Practical Guide to Preventive Relief - Injunction; Date: 01/12/2012; Author/Editor: Paul P Subramaniam; Publisher/Journal: LexisNexis Malaysia; Price: RM250.00; ISBN: 9789674001209; Practice Areas: Procedural Law
 
A Practical Guide to Probate - Letters of Administration  
A Practical Guide to Probate - Letters of Administration reviewed by Kanesh Sundram provides an overview of the basic concepts of the law of probate, followed by a practice orientated explanation on preliminary inquiries before the application, Jurisdiction of authorities, etc.
Source: LexisNexis; Original Title: A Practical Guide to Probate - Letters of Administration; Date: 01/11/2012; Author/Editor: Kanesh Sundram; Publisher/Journal: LexisNexis Malaysia; Price: RM250.00; ISBN: 9789674001193; Practice Areas: General and Miscellaneous