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Constitution

Constitution states English remains Sarawak’s official language

by jayeff on 30 November 2015

Joseph Francisjoseph@asklegal.myThe Acts of Parliament are not automatically extended in every case to Sabah and Sarawak as the State Assemblies in the two Borneo nations must also give their consent....

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Constitution

Peninsular lawyers not completely ‘barred’ from Sabah, S’wak

by jayeff on 22 December 2015

Joseph Francis joseph@asklegal.my If a party in any legal proceeding requires legal representation of a lawyer from outside Sabah, that party can get the lawyer concerned to apply for ‘ad...

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Constitution

Sabah & Sarawak: Give Us Back Our Rights!

by jayeff on 11 February 2016

It’s time to revisit, devolution notwithstanding, the intention of the Founding Fathers in Borneo on the relationship with Peninsular Malaysia and the intention of the framers of MA63. DEVOLUTION...

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Constitution

Judiciary needs to keep public perception in mind

by jayeff on 06 September 2016

Joseph Francisjoseph@asklegal.myAt the end, perception matters as much as principles, as justice must not only be done but it must also be seen to be done.If the doctrine of separation...

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Criminal

AG Should Combat Corruption, Not Facilitate it

by jayeff on 06 September 2016

PRESS STATEMENT: The United Nations Convention against Corruption (UNCAC) calls upon State Parties to take appropriate measures for the protection of witnesses, experts, victims and whistleblowers against retaliation or intimidation...

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Criminal

Nations Are Judged From The Way They Treat Animals

by jayeff on 02 March 2016

(Pix Credit: weehingthong)

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Constitution

TMI Can Take Blocking Issue to Court

by jayeff on 26 February 2016

TMI can be expected to file an application for leave to commence Judicial Review proceedings against MCMC. COMMENT It came somewhat as a surprise on Thurs when news emerged that...

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Family

How Often Do Couples 'Do It' in Malaysia? The Results Are In!

by jayeff on 17 February 2016

On the heels of Valentine's Day, we're dismayed to announce that there's a divorce every 10 minutes in Malaysia

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Constitution

Sabah & Sarawak: Give Us Back Our Rights!

by jayeff on 11 February 2016

It’s time to revisit, devolution notwithstanding, the intention of the Founding Fathers in Borneo on the relationship with Peninsular Malaysia and the intention of the framers of MA63. DEVOLUTION...

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Constitution

Federal Court has duty to uphold Constitution

by jayeff on 15 January 2016

Malaysia does not subscribe to a system of government based on parliamentary supremacy but one where the Constitution is supreme.

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Constitution

Many driven by ‘collective amnesia’ on Sabah, S’wak

by jayeff on 09 January 2016

Joseph Francisjoseph@asklegal.myIt’s not surprising, as noted by former Prime Minister Mahathir Mohamad, that people are talking as if Sabah and Sarawak are not in Malaysia. COMMENT If we say that...

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Constitution

Peninsular lawyers not completely ‘barred’ from Sabah, S’wak

by jayeff on 22 December 2015

Joseph Francis joseph@asklegal.my If a party in any legal proceeding requires legal representation of a lawyer from outside Sabah, that party can get the lawyer concerned to apply for ‘ad...

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Criminal

Ex-Senior Cop: Agong was ‘misled’ on Pardons Board on Anwar

by jayeff on 20 December 2015

Joseph Francis joseph@asklegal.my If the Prime Minister had advised the Agong "appropriately", then Attorney General Abdul Gani Patail would have been brought before a Tribunal and not removed. KUALA LUMPUR:...

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Criminal

NCR activist lawyer faces false documents charges

by jayeff on 18 December 2015

Joseph Francis joseph@asklegal.my Kong Hong Ming, 62, plans to enter a plea of autrefois acquit and is also involved in a civil suit on the same matter. SUIT A former...

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Criminal

Investors in gold scam demand refund after Court order

by jayeff on 16 December 2015

Joseph Francisjoseph@asklegal.myEdward Chong, who acted as Spokesman for the 35 investors, said that they had instructed their lawyer Christina Liew Chin Jin Hadhikusumo to pursue the matter with the relevant...

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Contract

Federal Court to hear Sipadan collectors on turtle eggs

by jayeff on 11 December 2015

Joseph Francisjoseph@asklegal.myAn Applicant’s grandfather’s customary rights on Sipadan Island helped Putrajaya win the case at the ICJ where it was ruled that the island belongs to Malaysia.RIGHTS The Federal Court,...

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Constitution

Court slams shut Sabah doors for peninsular lawyers

by jayeff on 10 December 2015

Joseph Francis joseph@asklegal.my Peninsular lawyers doing arbitration work in Sabah may open the floodgates and lead to them doing other work, all in contravention of the Malaysia Agreement 1963 (MA63)....

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General

Mahathir as Malay as any Malay under Federal Constitution

by jayeff on 05 December 2015

NEWS ANALYSIS Jamal Md Yunus, the leader of the Red Shirts, would like to welcome former Prime Minister Mahathir Mohamad, "if he thinks he's Malay", to his rally which will...

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Contract

Sabahan sues bank for appointing peninsular lawyers

by jayeff on 04 December 2015

Joseph Francis joseph@asklegal.my Senior Sabah lawyer Marcel Jude Joseph, 54, initiated the suit after he received two letters of demand from Messrs Azhar & Wong in connection with a housing...

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Contract

Trade unionists, activists 'confused' on TPPA

by jayeff on 01 December 2015

Joseph Francisjoseph@asklegal.myTrade unionists and anti TPPA activists are wondering whether to support the TPPA, in view of Chapter 19, Labour Chapter and the agreed side letters on US-Malaysia Labour Consistency...

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Constitution

Constitution states English remains Sarawak’s official language

by jayeff on 30 November 2015

Joseph Francisjoseph@asklegal.myThe Acts of Parliament are not automatically extended in every case to Sabah and Sarawak as the State Assemblies in the two Borneo nations must also give their consent....

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Constitution

Kota Kinabalu MP clarifies Native status ‘intact’

by jayeff on 26 November 2015

Joseph Francis joseph@asklegal.my Wong clarified that he was still in possession of his Native Certificate despite the announcement in the Sabah Assembly. NEWS UPDATE Kota Kinabalu MP Jimmy Wong has...

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Contract

Courts can’t lightly interfere with ‘freedom to contract’

by jayeff on 23 November 2015

Joseph Francis joseph@asklegal.my In Malaysia, the law of contract has its ancestry in England, where it evolved through the Courts but the legislature also contributed. CONTRACT The American Restatement of...

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Contract

‘Blacklisting’ by Bank Negara not the end of the world

by jayeff on 19 November 2015

Joseph Francis joseph@asklegal.my Bankruptcy action separate from entries in the Central Credit Reference Information System (CCRIS). ANALYSIS The National Higher Education Fund (PTPTN), at the last count, was in the...

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Constitution

Zaid: Judges can't bury heads in the sand

by jayeff on 17 November 2015

Joe Fernandez They must step into the arena and give some space for people who want leaders to be ?reasonable? with them. KUALA LUMPUR: Former de facto Law Minister Zaid...

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Constitution

Sabah Gov’t to ‘define’ terms Putrajaya created

by jayeff on 17 November 2015

Joseph Francis joseph@asklegal.my The Sabah Government must not be burdened with the task of defining terms that Putrajaya created to replace the lain-lain category on official forms in the state....

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Criminal

‘Stricter’ laws not needed to fight corruption

by jayeff on 15 November 2015

Joseph Francis joseph@asklegal.my The TPPA, the reading goes, does not allow for procedural unfairness in government procurements. COMMENT The consensus appears to be that the laws should be made "stricter"...

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Constitution

Citizenship ‘possible’ for Sabah illegals BUT in peninsula

by jayeff on 14 November 2015

Joseph Francis joseph@asklegal.my Under the Federal Constitution, it's virtually impossible to grant citizenship to illegals in Sabah if they continue to remain in the state. COMMENT The Federation of Chinese...

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Contract

TPPA in layman’s terms, shorn of the jargon

by jayeff on 13 November 2015

Joseph Francis joseph@asklegal.my COMMENT The consensus of public opinion, as evident in the Court of Public Opinion in general and the social media in particular, favour the translation of the...

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Criminal

Australian Complimentary Protection Visa available for M’sians at risk

by jayeff on 10 November 2015

Joseph Francisjoseph@asklegal.myIf a person is found not to meet the refugee criterion in s.36(2)(a), he or she may nevertheless meet the criteria for the grant of a protection visa if...

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Constitution

Scrapping ‘lain-lain’ category stirs hornet’s nest

by jayeff on 04 November 2015

Joseph Francis joseph@asklegal.my The creation of the Bumiputera Sabah category separate and distinct from the Anak Negeri Sabah (Sabah Native) category has raised eyebrows. COMMENT The Federal Government, in announcing...

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Constitution

Quite unlikely ‘outside lawyers’ practise in Sabah, S’wak

by jayeff on 25 October 2015

Joseph Francis joseph@asklegal.my Many lawyers in Sabah and Sarawak in fact engage lawyers in the peninsula on an ad hoc basis. COMMENT It wasn’t exactly clear why the Sabah Law...

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Constitution

There’s an Australian precedent for the Agong to replace a Prime Minister

by jayeff on 23 October 2015

Joseph Francisjoseph@asklegal.myThe Agong may act at his own discretion and listen to other people than the Cabinet. NEWS UPDATE There appears to parallels between the role of the British Queen,...

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Constitution

Defeating Bills in Parliament a no confidence move

by jayeff on 20 October 2015

Joseph Francis joseph@asklegal.my It would be sufficient for the MPs to defeat Najib’s Budget 2016 which will be presented later this month. NEWS UPDATE Bukit Mertajam MP Steven Sim (see...

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Constitution

No confidence motion in Parliament must take precedence

by jayeff on 19 October 2015

(Image credit: FMT)     If confidence was lacking in the Prime Minister there’s no rationale in MPs first going through other items on the Agenda.     COMMENT It...

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Criminal

1MDB tried to get back USD700m

by jayeff on 16 October 2015

Suresh Kashuerin The money being siphoned out from 1MDB confirms the finding by Bank Negara that the funds were not used in the manner agreed. KUALA LUMPUR: The Sarawak Report,...

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Criminal

Bar demands Khairuddin, Chang be released

by jayeff on 16 October 2015

Joseph Francis joseph@asklegal.my Detention of an accused person subsequent to charge pending the prosecution’s transfer application is unjust and unlawful. NEWS UPDATE The conduct of the authorities in the cases...

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Criminal

Zakaria: No turning back on ‘high profile’ case

by jayeff on 14 October 2015

Joe Fernandez There should be an independent panel to vet the investigation papers by MACC on the “high profile” case before being forwarded to the Attorney General. KUALA LUMPUR: MACC...

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Criminal

Does the AG 'violate' the Doctrine of Separation of Powers?

by jayeff on 13 October 2015

(Image credit: Malaysiakini)Joseph Francis joseph@asklegal.my The AG seems to be Superman himself when it comes to prerogative and discretionary powers. COMMENT Questions are being raised on the office of the...

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Constitution

There are precedents for no confidence motion

by jayeff on 13 October 2015

Joseph Francis joseph@asklegal.my In 1976, Prime Minister Hussein Onn faced a no confidence motion in Parliament while Prime Minister Abdullah Ahmad Badawi faced the prospect of one in 2008. PARLIAMENT...

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Constitution

No easy path to Shariah in modern nation state

by jayeff on 13 October 2015

(Image credit: Malay Mail Online)Joseph Francis joseph@asklegal.my The Public Forum on ?Understanding Shariah from the Religious and Rights Perspectives? discussed the role of Shariah in a modern nation state and...

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Constitution

Sabah, S'wak MPs not genuine on Full Autonomy status

by jayeff on 13 October 2015

Joseph Francis joseph@asklegal.myThe politicians in Sabah and Sarawak are not genuine on the rights issues and the return of Full Autonomy and only use them when they feel threatened. Image...

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General

Amnesty International has concerns on M'sia

by jayeff on 13 October 2015

Joseph FrancisThe international body urges Putrajaya to bring up various laws to international stands.NEWS Amnesty International (AI) has urged Putrajaya, Prime Minister Najib Abdul Razak in particular, in an Open...

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Civil

UN Sec-Gen cautious, optimistic on way forward

by jayeff on 13 October 2015

Joseph Francisjoseph@asklegal.myHe wants to help preserve the space for civil society and the press to do their vital work without fear of attack and imprisonment.Image credit: UN PhotoNEWS ANALYSIS UN...

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Criminal

US Federal Grand Jury shocker for embattled Prime Minister

by jayeff on 23 September 2015

Joseph Francisjoseph@asklegal.myMalaysian politics would never be the same again after the seizure of ill-gotten assets salted away overseas by those in the corridors of power.NEWS ANALYSIS The rumours had been...

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Criminal

Baginda unlikely to be charged, he can sue

by jayeff on 17 September 2015

Joseph Francisjoseph@asklegal.myBaginda cannot hold his head up in public if he does not sue al-Jazeera over the most shocking allegation that it was he and not Sirul Azhar or Azhar...

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Criminal

Attorney General: No Najib link to Altantuya murder

by jayeff on 15 September 2015

Joseph Francisjoseph@asklegal.myThe then Deputy Prime Minster's name was never brought up "in any culpable manner" throughout the Court case. Image source: weehinthongNEWS UPDATE Attorney General (AG) Mohd Apandi Ali has...

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Civil

Bar Council may sue on 1MDB, RM2.6b issue

by jayeff on 14 September 2015

Joseph Francisjoseph@asklegal.myImage credit: The Malaysian Bar NEWS UPDATE The Bar Council, said its President Steven Thiruneelakandan, would write to the Government of Malaysia as soon as possible for a Royal...

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Constitution

Jury not out on when Sabah, S'wak were free

by jayeff on 11 September 2015

Joseph Francisjoseph@asklegal.myThe author of "the Queen's Obligation" has suggested after 52 years that Sabah and Sarawak did not free themselves of British colonial rule on Aug 31 and July 22...

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General

Point of law on whether customs have force of law

by jayeff on 09 September 2015

Joseph Francisjoseph@asklegal.myThe High Court and Court of Appeal earlier recognised temuda, pemakai menoa and pulau galau as NCR (Native Customary Right) land. Image source: https://radiofreesarawak.org/2015/04/baru-bian-nat...IN COURT An Appeal by the...

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Criminal

Rewcastle: No conspiracy to topple Gov't

by jayeff on 08 September 2015

Joseph Francisjoseph@asklegal.myThe Sarawak-born Editor said the article in the New Straits Times on Sun was just the latest in numerous libelous accusations that have been made against her.NEWS Sarawak-born Clare...

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Criminal

Cult of evidence doesn't necessarily win suits

by jayeff on 07 September 2015

Joseph Francisjoseph@asklegal.myThose charged were acquitted, not because of no evidence, but because of mishandling of evidence or failure to prosecute properly. NEWS UPDATE Intelligence, competence, and quality evidence delivers the...

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Civil

Borneonisation suit may head for UN

by jayeff on 06 September 2015

Joseph Francis     The Sabah Progressive Party (Sapp) may go all the way to the United Nations if it cannot get justice at the Federal Court.     NEWS...

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Civil

PKR suit on last GE merits hearing

by jayeff on 04 September 2015

Joseph Francis  If the Court wants to allow the suit to be struck out, it should not do so at least without the merits of the case being heard.   NEWS ANALYSIS It...