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  • CASE(S) HIGHLIGHT

  • PP v. MOHAMMAD FADIL HANAPI MD SAHIDEK
    HIGH COURT MALAYA, MUAR
    AWG ARMADAJAYA AWG MAHMUD JC
    [APPLICATION FOR REVISION NO: JB-43-3-08-2021]
    14 OCTOBER 2021

    A Magistrate or Sessions Judge, in proceeding to hear a criminal trial which has been partly heard, has a complete discretion under s. 261 of the Criminal Procedure Code to either hear the case de novo or continue from the point where it has been left by his predecessor, albeit that the discretion must be properly and reasonably exercised. Where, however, a trial under s. 376(1) Penal Code has been fully heard by a previous Sessions Judge except for the parties' submissions at the end of the defence case, as happened here, it might not be proper nor advisable for the succeeding Sessions Judge to have ordered a de novo trial, considering the multiple adverse repercussions that such a new trial would entail and the fact that the court could always view the full video recording of the trial if needs be; more so when no reason was given for the order, as the absence of reason may always attract the inference that the discretion has been wantonly or callously exercised.

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  • JUDICIAL QUOTES

  • "In our view, it is settled law based on the authorities cited to us by learned counsel for the appellant in his submission that the prosecution has discretion whether to call any particular witness, but such discretion is subject to two limitations, viz (i) the discretion must be exercised with due regard to considerations of fairness and good faith; and (ii) the witnesses who had been investigated by the police and from whom the statements have been recorded must be offered to the defence." – per Mohd Zawawi Salleh FCJ in Rosli Yusof v. PP [2021] 9 CLJ 681




  • ARTICLE HIGHLIGHT

    INVESTING TITANS CAN NO LONGER IGNORE MALAYSIA’S LABOR ABUSES

    MALAYSIA
    Employment

    Forced labour affects nation’s economy, equity market
    Concerns over labor abuse in Malaysia, long present in the Southeast Asian country, have escalated in the past three months, continuing to spread beyond the palm oil industry to other parts of the economy. It’s a problem with many implications, first and foremost for the workers themselves, many of whom live in squalid conditions. It also has the potential to threaten the country’s output by stifling direct investment and killing supply contracts. But a third fallout is in the world of investing, where more and more of the biggest money managers say it’s giving them second thoughts. As labor abuse claims emerged at a supplier to vacuum-cleaner giant Dyson and the glovemaker Supermax Corp., it’s also weighing on the country’s stock market and hurting its people’s pension investments.

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  • 8 JOBS THAT COULD VANISH IN THE NEXT COUPLE OF DECADES

    Employment
    Technology and automation are increasingly performing tasks previously carried out by humans
    Research by Oxford University shows that 47% of the jobs today could disappear in the next 10 years, with some of them being completely automated or at least upgraded to a point where only a fraction of the workforce is needed. If you’re currently working in any of the following industries, it might be a good idea to consider your long-term plans. Here are eight occupations that could disappear within the next 10 years, give or take another decade.

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  • FOCUS ON HEALTHY, HAPPY WORKFORCE

    Employment
    The blurred lines between work and personal hours often cause unnecessary stress and burnouts
    The Covid-19 pandemic has taught us, other than the obvious healthcare preparedness and the importance of research and development (R&D) in health, how we view work. In 2008, Bank Negara Malaysia posited that the country's workforce was overworked and underpaid compared with our regional peers. This is not surprising. Many entry- and mid-level workers deemed so too, but there is a perception gap for high-level executives who think, of course, that their organisations could be more productive. Productivity is the mantra. Churn out more and work, to feed the consumerism beast who seem to always hunger for more. We work more so we can afford to consume more, so that is expected right?

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  • 'HYBRID WORKING MODEL IS THE BEST, SAFEST'

    Employment
    Despite increasing calls from employees to resume working from the office, employers and public health experts believe for now a hybrid model is the safest working arrangement
    Despite increasing calls from employees to resume working from the office, employers and public health experts believe for now a hybrid model is the safest working arrangement. Maukerja chief executive officer Ray Teng said companies must be flexible to adapt to the ever-changing Covid-19 situation in the country. "A hybrid model, where staff work from office by rotation, is still the best arrangement. With the emergence of the new Omicron variant, it is not safe yet for employees to return to offices at full capacity. "When people work from home for a long time, they are still efficient but at the expense of their personal development and mental health.

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  • THE 10 MOST IMPORTANT EMPLOYMENT LAW CASES IN 2021

    UK
    Employment

    Year’s 10 most important judgments
    Despite the coronavirus pandemic, HR professionals have had their fair share of employment law rulings to keep track of in 2021. We count down the 10 most important judgments of the year that every employer should know about.

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LATEST MALAYSIAN ACTS

LATEST MALAYSIAN BILLS

LEGISLATION ALERT

  • Latest Updated (17 January 2022)
  • PU(A) 103/1974
    Control of Supplies Regulations 1974
  • Latest Revoked (10 January 2022)
  • PU(A) 14/1977
    Dental Regulations 1976



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