The Order, made section 26 of the Exchange Control Act 1953 (the Act), came into operation on 18 August 2010.

The Order shall have effect subject to any restriction imposed by any direction given by the Controller under section 44 of the Act.

The Order provides that, for the purpose of section 26 of the Act, the prescribed territory shall be any territory outside Malaysia; and the prescribed manner of payment in respect of exports to any country outside Malaysia shall be (i) in any foreign currency other than the currency of the State of Israel; or (ii) in ringgit from an External Account.

"External Account” means an account in ringgit maintained by (a) a non-resident individually or jointly with another non-resident; (b) a resident jointly with a non-resident except a joint account maintained (i) for a joint venture in Malaysia by that resident and non-resident, or (ii) by a husband and wife where either party is a non-resident; or (c) a resident who operates the account in trust for or on behalf of a non-resident, with any of the financial institutions set out in the Schedule, other than an account which is blocked by any direction given under section 35 of the Act.

The Amendment Regulations, made under Trade Descriptions Act 1972, came into operation on 11 August 2010.

The Amendment Regulations amend the Trade Descriptions (Cheap Sale Price) Regulations 1997. They, amongst others, introduce the following Regulations:

No person shall hold any sale at cheap sale price within fourteen days after the conclusion of the first sale which was held under the relevant paragraph.

Any person who holds (a) any sale at cheap sale price other than on the date and duration specified under the relevant sub-regulation and the two sales allowed under the relevant paragraph, or (b) any sale at cheap sale price within fourteen days after the conclusion of the first sale which was held under the relevant paragraph, shall be guilty of an offence.

Notice (as required by the relevant regulation) shall be displayed, by affixing them in a conspicuous place where the sale at cheap sale price is held. Where it is impracticable to affix the particulars as required, such particulars may be (a) displayed on any electronic display screen, or (b) kept in a folder or file, and placed in a conspicuous position where the sale at cheap sale price is held and it shall be available to consumers.

The Regulations, which were made under the powers conferred by section 3 of the Civil Aviation Act, came into operation on 15 August 2010. 

The Regulations amend the Civil Aviation Regulations 1996 in the Twelfth Schedule.

The Rules are made by the Yang di-Pertuan Agong, on the advice of the Chief Justice of the Federal Court, in exercise of the powers conferred by Article 182 of the Federal Constitution.

The Rules newly make the following provisions:

Subject to any direction by the Special Court, all documents filed in the Special Court shall be confidential.

No person shall be present at any sitting of a Special Court except (a) members and officers of the Special Court, (b) parties involved in the case before the Special Court, advocates and witnesses and other persons directly concerned in that case, and (c) such other persons as the Special Court may specially authorize to be present.

There shall be no mass media report or any publication in any newspaper, book or magazine, or transmission through any electronic medium, including the Internet, other than the Grounds of Judgment delivered, or any proceedings in a Special Court be it at the pre-trial, trial or post trial stage that reveal the name or particulars leading to the identification, of any parties concerned in those proceedings, either as being the person against or in respect of whom the proceedings are taken or as being a witness therein.

There shall be no publication in any newspaper, book or magazine, or transmission through any electronic medium, including the Internet, or any picture of any parties so concerned in any such proceedings as aforesaid, provided that the Special Court may, in any case, if satisfied that it is in the interest of justice to so do dispense with any or all the requirements of this rule to such extent as it may deem expedient.

Any person who contravenes the provisions may be cited for contempt.

The Order, made under the Customs Act, came into operation on 1 August 2010.

The Order amends the Customs (Prohibition of Imports) Order 2008 in Part II of the Fourth Schedule.

The Court made the following rulings/ observations:

* It has been said again and again that an appellate Court will not normally interfere with sentences meted out by a trial judge, and that the possibility or even the probability, that another court would have imposed a different sentence is not sufficient per se, to warrant an appellate interference. To warrant interference, it must be shown to the satisfaction of the appellate court that the imposition of the sentence in question by the learned trial judge must have involved an error of law of some description. The question is whether there was a failure on the part of the trial judge to apply the right principle. 

* Having considered the trial court judgment in the present case, we find that there was a failure on the part of the judge to apply the right principle. In assessing sentence, he failed to strike a balance as far as possible between the interests of the public and the interests of the accused. We find that in assessing sentence the judge had considered only the interests of the accused which appeared to have a telling effect on his mind and influenced him in meting out the seven year sentence in this case. 

* In the present appeal, the learned judge failed to consider the public interest which should actually be the first and foremost in his mind in assessing sentence. He failed to consider the gravity of the offence and the circumstances surrounding the commission of the offence.

The dispute in this case arose out of the dismissal of the Claimant by and from the services of the Company. The Claimant claims that she has been dismissed without just cause and excuse.

The Court said the following:

* It is trite in industrial jurisprudence that on the issue of just cause or excuse, the burden is on the Company to prove by convincing and compelling evidence the following: firstly, that the Claimant was guilty of the alleged misconduct, i.e., in the present case, that she had made a pre-employment misrepresentation to the Company on her true educational qualification; and secondly, that the dismissal was justified in the circumstances.

* On a balance of probabilities, the Company has discharged its burden of proving its case against the Claimant. The Court holds that the Claimant was guilty of misrepresenting to the Company her true educational qualification.

* Applying equity and good conscience and on the substantial merits of the case without regard to technicalities and legal form, and having considered the evidence adduced both

oral and documentary and the submissions of the parties, the Court is satisfied that there was a justified dismissal of the Claimant.

This is an application for stay of execution of a judgment, given after full trial, pending the disposal of an appeal lodged by a defendant.

The Court said the following:

* The base upon which one starts in an application of this nature is that the successful litigant is entitled to his fruits of litigation and that premise should not be disturbed unless the applicant can show the court that there are special circumstances warranting disturbance. Whether or not to grant stay is a matter of discretion of the court and in exercising that discretion the court is duty bound to look at all the relevant circumstances of the case and come to a decision which the justice of the case requires.

* Special circumstances, as the phrase implies, must be special under the circumstances as distinguished from ordinary circumstances. It must be something exceptional in character, something that exceeds or excels in some way that which is usual or common. The definition only serves to emphasise the fact that there are myriad circumstances that could constitute special circumstances with each case depending on its own facts. The list of factors constituting special circumstances is infinite and could grow with time. Any attempt to limit the list or close a category would be to impose a fetter on the exercise of the discretion of the Court whether to grant or stay an execution; making the discretion less of a discretion. This is surely not what discretion is all about. As long as one does not stray beyond the perimeter set by the judicial principles, the discretion can be exercised (citing Ian HC Chin JC in Government of Malaysia v Datuk Haji Kadir Mohamad Mastan and Another (1993) 4 CLJ 98 which cited Raja Azlan Shah in the case of Leong Poh She v Ng Kat Chong (1996) 1 MLJ 86).

In the instant case, the Court made the following rulings/ observations:

* The court will only strike out claims under Order 18 rule 19(1) only in plain and obvious cases. What I take that to mean is that the claims are hopeless in that they are ‘untenable in that they cannot succeed’ at trial.

* Locus standi is ‘generally understood to mean the right of a party to appear and be heard by a tribunal and is a condition precedent before a party can initiate an action’. Simply put the plaintiff must possess a cause of action before he or she can initiate his or her legal proceeding. 

* The law on the effect of 18 that power of attorney is set out in Federal Court case of Nouvau Mont Dor (M) Sdn Bhd v Faber Development Sdn Bhd [1984] 2 MLJ 268.

The appellant was charged with trafficking in 4645 grams of cannabis, an offence under section 39B(1)(a) of the Dangerous Drugs Act 1952 (the Act) and punishable under section 39B(2) of the Act. He was convicted and sentenced to death by the High Court at Taiping.

The Court of Appeal, amongst others, made the following rulings/ observations:

* On the facts of this case, the finding of the trial judge that an adverse inference could not be drawn against the prosecution because man was not a material witness in the matrix of the prosecution's case. He was also not an agent provocateur.

* The appellant contended that evidence of the agent provocateur ought to be corroborated. This is not a requirement of law and the evidence of the material witness was admissible pursuant to section 40A(1) of the Act.

* The trial judge had given a proper evaluation of the evidence of the appellant. He gave his reasons for rejecting the appellant's defence and held that the defence was an afterthought. Having critically examined the reasons given by the trial judge, we are in complete agreement with his conclusion that the defence was an afterthought. The trial judge believed the evidence of the material witness: it is trite law that the credibility of a witness is primarily a matter for the trial judge.

The Court of Appeal affirmed the conviction and sentence passed by the trial judge.

This is a reference by the Minister of Human Resources pursuant to section 20(3),Industrial Relations Act 1967 arising out of the dismissal of three claimants by a club. The club contended that the three claimants were dismissed as they refused to accept the offers as Assistant Managers with reduced salaries when the management of the club re-structured the club after deciding to “privatise” the kitchen and part of the food and beverage services. They were paid termination benefits which they accepted. The claimants contended that the club had breached the principle of “last in first out” (hereinafter referred to as “LIFO”) as the other employees of the club who were more junior than them were retained without any reduction in their salaries.

In the instant case, the Court made the following rulings/ observations:

* The club as the employer must prove that the dismissal of the claimants was with just cause or excuse. The provisions in contracts of employment which allow for termination of services by notice are subject to section 20(3) of the Industrial Relations Act 1967. 

* It is the prerogative of the management of the club to re-structure and to outsource its kitchen and part of its food and beverage services. The re-structuring of the club which resulted in the dismissal of the claimants has to be bona fide. The right of an employer to re-organise its business must be balanced with the right to a livelihood of an employee. The law on the restructuring of the business or services by an employer and the impact on its employees is elucidated by this division of the Industrial Court in Looi Ah

Heng v Malayan Law Journal Sdn Bhd [2010] 2 ILR 422.

* In a re-organisation where there is a surplus of labour and employees have to retrenched, the principle of LIFO applies. In this case, there was a restructuring of the club which entailed the purported reduction of salaries of all the employees and the re-structuring of the Food and Beverage Department. The management of the club purportedly did not intend to retrench any employee as long as they agree to the reduction of their salaries. The principle of LIFO applies to any form of re-structuring of an organisation which will entail the dismissal of its employees. It is embodied in the Code of Conduct for Industrial Harmony 1975 which is not legally binding. It is a reflection of a good labour practice and adherence to the code will show that the employer acted bona fide.

* Evidence points to one irresistible inference that the claimants were singled out during the restructuring of the club and only they were given the letters of offer with reduced salaries.

* The dismissal of the claimants was not bona fide. The dismissal of the claimants was without just cause or excuse.

A 16-year-old boy has been charged in the Child Court at Penang with the murder of his 13-year-old schoolmate. The offence carries the mandatory death sentence under section 302 of the Penal Code, but the Child Act 2001 allows for an underage offender to be detained at the pleasure of the Ruler of the state.

The Court of Appeal has ruled that the civil court has no jurisdiction to determine the religious status of the late Everest climber Sergeant M. Moorthy whose conversion to Islam has been a subject of dispute. The Court held that the Syariah Court was the competent authority to determine any matter relating to the conversion to, or renouncement of, Islam.

A Magistrate's Court at Malacca has sentenced a 26-year-old woman who stole two vehicles used by government officers in two incidents to a total of 48 months' jail. She pleaded guilty.

The Domestic Trade, Cooperatives and Consumerism Ministry has detained a shop assistant for illegal download of songs. An enforcement officer posing as customer caught the shop assistant downloading songs and ringtones into a memory card. Downloading of songs is an offence under section 41(1)(c) of Copyright Act 1987 and carries a fine of RM2,000 for each song downloaded and jail.

Jannie Lasimbang, a member of the Malaysian Human Rights Commission (Suhakam), has suggested that the state government should appoint Native Court judges based on their knowledge of the local customs and traditions. It, he added, was important to uphold the native court system and safeguard the rights of indigenous people.

A magistrate's court at Kangar has fined two housewives RM10,000 each or five months jail for possessing firecrackers and fireworks worth RM8,000. They pleaded guilty.

The Sessions Court at Kuala Lumpur has sentenced a former security guard to three year's jail after he pleaded guilty to robbing his former employer.

The High Court at Shah Alam has sentenced an Acehnese retail shop assistant to eight years' jail and 10 strokes of the rotan after he pleaded guilty to possessing 207gm of cannabis.

A Sessions Court at Kota Kinabalu has sentenced an Indonesian religious teacher to five years jail for the attempted rape of a six-year-old pupil. He pleaded guilty.

The Sessions Court at Johor Bahru has sentenced a Singaporean businessman to a day's jail and RM15,000 fine, after he pleaded guilty to offering a bribe to a traffic policeman. The offence under Section 17 of the Malaysian Anti-Corruption Commission Act 2009 is punishable with up to 20 years’ imprisonment or a fine of not less than five times the bribe amount or RM10,000, whichever is higher.

Housing and Local Government Minister Datuk Chor Chee Heung announced that the Cabinet has approved a proposal to streamline guidelines for gated communities and guarded neighbourhoods. However, he added, the guidelines would only be implemented after they had been considered by the National Council for Local Government.

The Inland Revenue Board (IRB) chief executive officer Tan Sri Hasmah Abdullah revealed that IRB has received 217 complaints from the public regarding fake emails on tax refund since last 21 July. She said that the investigations indicated that the emails were sent by phishing websites.

Road Transport Department director-general Datuk Solah Mat Hassan has said that effective September 1, drivers of heavy vehicles who fail to heed the regulation banning them from using three highway stretches in the Klang Valley during early morning peak hours would be served with a RM300 compound. 

He further said that the errant drivers could also be fined RM1,000 if their cases were taken to the court.

Home Minister Datuk Seri Hishammuddin Hussein has said that foreign workers, especially Indonesians in Sabah, may no longer be allowed to bring in their dependents. Passes for foreign workers' dependants would no longer be renewed or issued. This, he added, was one of the 20 recommendations submitted by the Sabah laboratory on the management of foreign workers.

The Court of Appeal has unanimously affirmed a High Court ruling that cases originating in Sessions courts in one district could be dealt with by Sessions courts elsewhere in the peninsula.

The Sessions Court at Johor Bahru sentenced a 32-year-old labourer to 10 years’ jail and seven strokes of the rotan, after he pleaded guilty to raping a 24-year-old woman.

A Magistrate's Court at Malacca has sentenced a police corporal from the Narcotics Crime Division to 18 months' jail and RM15,000 fine after he was found guilty of possessing various types of drugs in 2007. The Court found that the defence had failed to raise a reasonable doubt on the prosecution's case.

The Sessions Court at Muar has sentenced an odd-job worker to 18 years' jail and 10 strokes of the rotan for raping his mentally retarded daughter. He pleaded guilty.

Housing and Local Government Minister Datuk Chor Chee Heung said that the government would not lift the freeze on new licences for moneylenders despite the appeal from the Malaysian Licensed Moneylenders Association.

A man has filed a RM2 million suit at the High Court registry against three police chiefs and the government of Malaysia for allegedy causing him to be injured during the break up of a demonstration. He has named the Kuala Lumpur police chief as the first defendant, Dang Wangi police chief as the second defendant, the Inspector-General of Police as the third defendant and the Government of Malaysia as the fourth defendant.

The Sessions Court at Shah Alam has sentenced a 24-year-old shop assistant to six years' jail for raping a minor after drugging her. The accused pleaded guilty.

The Consumer Claims Tribunal chairman Pretam Singh has said that it is studying the possibility of allowing the short-messaging service (SMS) and social networking site, Facebook, to be used for filing claims. The tribunal wanted consumers, especially the younger generation, to be able to make claims on the spot against suppliers or service providers in a fast and cheap way, he added.

Bukit Aman CID Director Datuk Seri Mohd Bakri Zinin has said that the police would classify abandoned baby cases under section 302 (murder) and under section 307 (attempted murder) of the Penal Code. However, the decision of whether such cases are classified as murder or not would be decided by the Attorney General, he added.

Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom said that food, cosmetic and pharmaceutical manufacturers would be compelled to apply for halal certificates once the Trade Descriptions Act 1972 was amended by parliament in October. The amendment was aimed at strengthening regulations for the nation's halal industry, he added.

Prime Minister Datuk Seri Najib Tun Razak has said that only Bank Negara Malaysia (BNM) can issue currency that is legal tender. He was commenting on the Kelantan government's introduction of gold dinar and silver dirham as an alternative currency in the state.

High Courts, Sessions Courts and the magistrates courts in Sabah and Sarawak would become the first states in the country to use stenograph machines to record court proceedings next month. The facility, aimed at expediting court cases, would provide real-time transcripts to judges and lawyers so that they could follow the notes of the proceedings through computer screens as the transcribers key in the details of the proceedings.

The High Court at Alor Setar has amended the charge on two unemployed men from drug trafficking to that of possession, after finding that the prosecution failed to prove beyond reasonable doubts that the duo had trafficked-in the drug. However, the Court noted that the prosecution had succeeded in establishing a case under section 6 of the Dangerous Drugs Act which was punishable under section 39A(2)of the same law.

Deputy Finance Minister Datuk Donald Lim Siang Chai has said that public feedback was still being sought for the third-party motor insurance to ensure it was fair for both consumers and the industry. He added that the draft policy was expected to be finalised either by the end of the year or early next year to allow more time for the public, private sector and insurance industry players to provide feedback on the framework.

Immigration Department director general Datuk Abdul Rahman Othman has said that the department would look into the possibility of reducing the compound fine on illegal Indonesians seeking to return to their country for Hari Raya. However, this would occur only if they undertook their journey through the proper channels, he stressed.

This short article sets out some basic information about the Personal Data Protection Act 2010: its scope, limitations, principal provisions, etc.