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GENERAL INTRODUCTION

In an era of rapid consumerism, where technological advancements and the influx of diverse products shape the market landscape, the rights of consumers have never been more crucial. The implementation of 'lemon laws' in various jurisdictions serves as a pivotal mechanism to protect buyers from defective goods—often referred to as 'lemons'—that fail to meet quality or performance standards. In Malaysia, where consumer protection has long been guided by the Consumer Protection Act 1999 and other related statutes, the absence of a dedicated lemon law has left many purchasers without adequate recourse when faced with chronically faulty products. This article explores the necessity, potential impact, and legal framework for the implementation of lemon law in Malaysia. This article also addresses the gaps in the current consumer protection regime while aligning it with the best global practices. As Malaysia enters an era of sophisticated trade and increased consumer expectations, the introduction of a lemon law could mark a turning point in safeguarding consumer rights and ensuring fair treatment in the marketplace.

INTRODUCTION

The article analyses the role of interested witnesses in criminal trials within the context of natural justice, emphasising the principle of audi alteram partem (right to be heard). In order to guarantee a fair trial, this principle advocates hearing all parties, notwithstanding any apparent prejudices. Interested witnesses, even though they could have vested interests, interested witnesses—like family members or close friends—are not always prohibited from testifying. Nonetheless, the consistency and dependability of their testimony are closely examined.

Like in many other legal systems, Malaysian law does not ignore the testimony of an interested witness based only on possible bias. Rather, it evaluates the evidence and weighs any biases against the necessity to arrive at a fair conclusion. Few cases demonstrate this idea, demonstrating that biased witnesses' testimony—including that of family members—can be admitted if it is reliable and essential to the case.

This article also discusses accomplices' function as interested witnesses, pointing out that although their unsupported testimony may theoretically lead to a conviction, a maximum evaluation must be strictly applied to assess their claims. It emphasises how the Malaysian legal system, based on rigorous legal interpretation and moral considerations, applies natural justice principles to guarantee that all parties are treated fairly. This emphasises the judiciary's responsibility to provide a fair trial by balancing the right to be heard and an unbiased evaluation of the evidence, regardless of the witness's possible stake in the case's outcome.

INTRODUCTION

Until the decision in Foo Fio Na v. Dr Soo Fook Mun & Anor,^[1] Malaysian courts have always taken the position that the principle as to the standard of care expected of a medical practitioner is as laid down by the Queen's Bench Division (UK) case of Bolam v. Friern Hospital Management Committee.^[2] According to this case, the standard of care expected of a medical practitioner is merely to have acted in accordance with "acceptable medical practice". It was held that the professionals in the medical field were best suited to determine what was "acceptable", resulting in the effect of "doctor knows best".

THE BOLAM TEST

The case in Bolam v. Friern Hospital Management Committee^[3] revolved around the negligence of doctors with respect to the treatment provided to patients. The plaintiff, John Hector Bolam ('Bolam') was admitted to Friern Hospital where he was diagnosed to be suffering from the aftereffects of a mental illness. He was examined by the consultant psychiatrist attached to the hospital and was advised to undergo electro-convulsive therapy which was carried out by placing electrodes on the plaintiff's head to allow an electric current from a machine to pass through his brain. Such electric current would cause convulsions akin to the nature of a fit. In the course of the treatment, the plaintiff sustained severe physical injuries consisting of the dislocation of both hip joints with fractures of the pelvis on each side.

Statutory bodies are established through acts of Parliament, empowered to carry out specific functions that are often better suited to exist outside the traditional confines of government ministries or departments. These entities aim to enhance government efficiency by operating swiftly, similar to private sector companies, without being constrained by administrative regulations.

The functions of statutory bodies are diverse, encompassing areas such as investment management—illustrated by organisations like Lembaga Tabung Haji and the Employees Provident Fund (EPF)—as well as sectoral regulation through bodies like the Securities Commission Malaysia (SC), the Malaysian Communication and Multimedia Commission (MCMC), and the National Water Services Commission (SPAN). Additionally, they contribute to industry and socioeconomic development via organisations such as Majlis Amanah Rakyat (MARA) and the Federal Land Development Authority (FELDA), among others.

The United Nations imposes an obligation on Member States to comply with the decision of the International Court of Justice. If a party to a dispute fails to do so, the other party can refer the matter to the Security Council which will then make recommendations or decide to take appropriate measures to give legal effect to the decision of the Court. This paper highlights hurdles with the enforcement of judgments of the International Court of Justice through the Security Council by analysing the Nicaragua case, in which it was apparent that the Security Council decided the matter politically by following its stringent voting procedures. Of course, it is not the desired outcome for the parties to receive a political solution through the Security Council after they have opted for the adjudicative means to settle their international dispute through the International Court of Justice with the hope of receiving a judicial solution to the case. Hence, this paper aims to explore options to render the decisions of the International Court of Justice with pragmatic, binding legal effect and efficient enforcement power. Accordingly, it is proposed that when a case of non-compliance of the decision of the International Court of Justice is brought to the Security Council, it should simply endorse the decision of the Court without deliberating it further and going through a voting process.

The Honourable the Chief Justice of the Supreme Court of Brunei Darussalam
Yang Berhormat Minister of Culture, Youth and Sports
Yang Berhormat Attorney General Yang Amat Arif Chief Syarie Judge
Yang Mulia Deputy Minister (Security and Law) at the Prime Minister's Office The Honourable Justices of the Brunei Judiciary
Your Excellency Mr Laurence Bay, the Singapore High Commissioner to Brunei Darussalam
My fellow Judges and colleagues from the Supreme Court of Singapore
Distinguished guests
Ladies and gentlemen

I. Introduction

1. Good afternoon. Let me first thank Chief Justice Steven Chong and the Brunei Judiciary for inviting me to address this distinguished audience, and for the extremely warm and generous welcome that has been extended to the whole Singapore delegation – and, indeed, for the very generous introductory remarks of the Chief Justice. The special relationship of our two nations is reffected also in the deep and extensive exchanges between our respective judicial and legal establishments. So, it is a real pleasure for us to be here, and for me to have the opportunity to share the Singapore perspective on the role of the judiciary in promoting economic development and in supporting broader initiatives directed to this end.

Malaysia's public healthcare sector risks losing even more professionals if the Health Ministry refuses to take immediate measures to improve their livelihoods. Government healthcare workers, upset with the ministry's decision to reject the proposal to increase on-call allowances, told the New Straits Times that they were overworked and severely underpaid. Speaking on the condition of anonymity, one medical officer (MO) said they were bogged down with work, going as far as describing the workload as "crazy". "I've never experienced an increase in allowances ever since I was a houseman in 2016.

Some 1.5 million jobs are expected to be created in Sarawak up to the year 2030, said Deputy Premier Datuk Amar Douglas Uggah Embas.

He said these jobs will be generated by the many programmes and plans of the state’s Post Covid-19 Development Strategy (PCDS) 2030, of which one of its objectives is to increase the people’s income.

“Out of the total (1.5 million jobs), about 200,000 would be in the technical or skill sector. I have been told that Petros, as the third largest oil and gas company in the country, will need 20,000 technicians or skilled workers.

The Canadian government has presented a sustainable jobs bill intended to prepare workers for a transition to a lower-carbon economy following years of consultation and opposition from Alberta, Canada’s main fossil-fuel producing province.

Canada, the world’s fourth-largest oil producer and sixth-largest natural gas producer, has aimed for a 40 percent to 45 percent reduction in emissions by 2030 and net zero by 2050.

As many as 4.5 million Malaysians are likely to lose their jobs by 2030, if they do not improve their skills or attend reskilling and upskilling programmes with the rise of artificial intelligence (AI).

Human Resources Minister V. Sivakumar said this is based on the 2020 World Economic Forum warning that AI could cause a recession in the job market as it is already being used to automate tasks in various industries including manufacturing, healthcare and customer service.