The Departure of Bersatu’s Sabah MPs: To Vacate or Not To Vacate?
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
1M ago
Recently, Parti Pribumi Bersatu Malaysia (Bersatu)’s then Sabah chief, Datuk Seri Panglima Haji Hajiji bin Noor, announced that the leaders of Bersatu Sabah unanimously decided to leave the party.[1] This departure includes the departure of the following elected representatives from Bersatu’s Sabah chapter:[2] (i) Datuk Armizan Mohd Ali (Papar) (ii) Khairul Firdaus Akbar Khan (Batu […] The post The Departure of Bersatu’s Sabah MPs: To Vacate or Not To Vacate? appeared first on Joshua Wu Kai-Ming ..read more
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Is Tjong Very Sumito Still Good Law
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
1M ago
Tjong Very Sumito and Others v Antig Investments Pte Ltd [2009] 4 SLR 732 (“Tjong Very Sumito”) was a Singapore Court of Appeal decision which involved an appeal in relation to an application for a stay of proceedings in favour of arbitration, pursuant to Section 6 of the International Arbitration Act 1994.[1] The Singapore Court […] The post Is Tjong Very Sumito Still Good Law appeared first on Joshua Wu Kai-Ming ..read more
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5 Things About Holding Watching Briefs
Joshua Wu Kai-Ming
by admin
2M ago
1. Meant to only watch the proceedings Datuk Mahadev Shankar JCA remarked the following in his article titled Watching Briefs — Indulgence, Right or Potential Estoppel? [1991] 1 MLJ clxi: “In a trial whether criminal or civil, the only persons directly concerned with the process are the combatants. Only they have the right to tender […] The post 5 Things About Holding Watching Briefs appeared first on Joshua Wu Kai-Ming ..read more
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Does the Attorney General (Still) Have Absolute Discretion?
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
5M ago
In Datuk Zaid bin Ibrahim’s recent interview on Astro Awani,[1] he mentions a number of times that the Attorney General’s discretion is absolute.[2] Article 145(3) of the Federal Constitution is of relevance: “The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings […] The post Does the Attorney General (Still) Have Absolute Discretion? appeared first on Joshua Wu Kai-Ming ..read more
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Two Thirds Majority Needed for the Generational End Game Bill?
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
6M ago
In reporting on the Control of Tobacco Product and Smoking Bill 2022,[1] more popularly known as the ‘Generational End Game’ bill (“the GEG Bill”), the Edge Markets stated that, “The bill needs two-thirds majority support [in Parliament] to be approved.”[2] Contrary to the Edge Market’s claims, the GEG Bill does not require two-thirds majority support. […] The post Two Thirds Majority Needed for the Generational End Game Bill? appeared first on Joshua Wu Kai-Ming ..read more
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5 Things About the Defence of Justification
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
7M ago
1. Provided for under Section 8 of the Defamation Act 1957 Section 8 of the Defamation Act 1957 (“DA 1957”) provides the following: “In an action for libel or slander in respect of words containing two or more distinct charges against the plaintiff, a defence of justification shall not fail by reason only that the […] The post 5 Things About the Defence of Justification appeared first on Joshua Wu Kai-Ming ..read more
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Separating the [Offices of The] Attorney General and the Public Prosecutor
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
8M ago
The PowerPoint slides which I prepared for UUM Law Students’ Society’s webinar, on the above topic, can be accessed via the following url: Separating the Attorney General and the Public Prosecutor (Slides)     The post Separating the [Offices of The] Attorney General and the Public Prosecutor appeared first on Joshua Wu Kai-Ming ..read more
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Selected Commonwealth Jurisdictions with Fused Roles of the Attorney General and Public Prosecutor
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
8M ago
In the following Commonwealth jurisdictions, the roles of the Attorney General and Public Prosecutor are fused. The Attorney General is the principal legal advisor to the Government, as well as “chief criminal law enforcement officer”[1] “responsible for the prosecution of all criminal offences.”[2] 1. Brunei Article 81(2) & (3) of The Constitution of Brunei Darussalam […] The post Selected Commonwealth Jurisdictions with Fused Roles of the Attorney General and Public Prosecutor appeared first on Joshua Wu Kai-Ming ..read more
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On Retabling The Motion to Extend Section 4(5) of SOSMA 2012
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
9M ago
The Federal Government tabled a motion in Parliament to extend the application of Section 4(5) of the Security Offences (Special Measures) Act 2012 (“SOSMA 2012”) for yet another five years (“the Defeated Motion”).[1] Section 4(5) of the SOSMA 2012 allows a “police officer of or above the rank of Superintendent of Police may extend the […] The post On Retabling The Motion to Extend Section 4(5) of SOSMA 2012 appeared first on Joshua Wu Kai-Ming ..read more
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5 Things About Estate Claims for Death In Custody Cases
Joshua Wu Kai-Ming
by Joshua Wu Kai-Ming
9M ago
1. Barred from claiming for exemplary damages Section 8(2)(a) of the Civil Law Act 1956 provides the following: “(2) Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person: (a) shall not include any exemplary […] The post 5 Things About Estate Claims for Death In Custody Cases appeared first on Joshua Wu Kai-Ming ..read more
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