Newsletter | Issue 15

Subject: The Gods Must Be Angry




Apa khabar? If going to concerts makes God angry, we wonder how he/she (what’s God’s pronoun) feels about racism and punishing comedians.
The Merdeka spirit this year seems to be lacking. Go on folks, start singing Tanggal 31.
It’s about time.
Niresh Kaur, Shambavi Shankar

All Work and Play, KL – A team of independent marketeers who believe that marketing shouldn’t at all be rigid, tiring and unnecessarily lengthy. Convert your marketing efforts into a meaningful journey with All Work and Play, KL

What’s the tea in Malaysia?

sipping tea
Source: Tenor
We understand that GE-15 is nearing, but there is no need to resort to racism. Let’s also remind everyone that it’s illegal to make such remarks
The PAS president, Datuk Seri Abdul Hadi Awang, in his attempts to fight corruption (a noble fight), made a racist claim accusing non-Muslims of contributing to the bulk of corruption in the country. 
Source: Hadi Awang’s Facebook post
No justifications were made for his racist claim. Therefore, it only sounds as though it’s a claim made to incite hate, and guess which law covers that? That’s right! It’s Section 233 of the Communication and Multimedia Act 1998 which reads as follows:

(1) A person who —

(a) by means of any network facilities or network service or applications service knowingly —
(i) makes, creates or solicits; and
(ii) initiates the transmission of,
any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; … 
commits an offence.

In a perfect world, Hadi would be tried for this law and if convicted, he could be liable to a fine not exceeding RM50,000 or imprisonment for a term not exceeding 1 year, or both. 

A political leader who dares to post racist comments like that only sets the tone for his followers. About time Malaysia takes a stand to eradicate racism holistically.

Update, Malaysian mothers
The Attorney General in the Keluarga Malaysia symposium today stated that children born to Malaysian women married to foreign spouses can apply to be Malaysian citizens. While acknowledging that this process takes time, he stated that this issue is being looked into by the Home Ministry. 
He also stated that there is also an option to amend the Second Schedule of the Federal Constitution – which is what everyone’s been asking for, isn’t it? Let’s wait and see if this ‘option’ comes to fruition. #rhymes

Rule 6 and Rule 24 of the Legal Professions Act exist, but Hisyam Teh forgot
This week, we witnessed a court drama which ensued when Hisyam Teh, Najib’s newly lawyer (appointed 3 weeks before the trial) requested to discharge himself as he had no time to prepare for the case – it basically gives the impression that he only accepted the case with a strong hope that the CJ will agree to postpone the case. Can’t blame him when Shafee has set quite the precedence when it comes to postponement, eh?

However, here’s the difference – For Shafee, (one of) his reason for postponing the case was because he was injured by his pet dog. However, it looks like, Hisyam Teh accepted a brief in hopes of getting a postponement. Rule 24(b) of the Legal Professions Act 1978 clearly states that a solicitor may apply for postponement of a case for ‘good and cogent reasons only’.

As for his attempts to move the date because it clashes with Zahid Hamidi’s corruption case, Rule 6 would probably apply, which states that a solicitor should not accept any brief unless he is certain of being able to appear and represent the client on the required day. 

For a senior lawyer to forget such basic rules seems a little hard to believe. 
digi and celcom merger meme
Image Source: The Vibes
Article 5 of the Federal Constitution guarantees your fundamental liberties unless you are an owner of a comedy club. 
The shock this week isn’t from Crackhouse Comedy Club being banned, but the fact that DBKL chose to blacklist the owner of the said comedy club from opening any business in Kuala Lumpur. 

Innocent until proven guilty, unless you own an entertainment premise. One crucial point to note here is that the owner is currently being charged in court and there has been no verdict so far. 

The Whys?  Kepong MP Lim Lip Eng requested Deputy Federal Territories Minister Datuk Seri Jalaluddin Alias to explain DBKL permanent ban instead of a temporary ban along with the relevant law to support this. We are curious as well.

Note: The statement to ban the comedy club as well as blacklist the owner came from the FT Minister, not DBKL. Following this, the comedy club owners have sent a letter of demand to the Kuala Lumpur mayor, Mahadi Che Ngah to seek clarification on this matter. 

Someone in DBKL went on full Oprah mode: 
Image Source: Memegenerator

Legal Lingo of the Week – De Minimis Non Curat Lex 

Latin term that mean “The law does not care about the minimal things”

In legal context, it means the courts will not interfere in disputes that are too trivial.
Source: Tenor 

Question of the Week

“Either party maintains the right to terminate the employment agreement by giving each other one month written notice or salary in lieu of such notice”      
-sample of the termination clause in an employment contract

Can an employer terminate an employee by giving a notice of termination without any reason solely based on the contract of employment (as shown above)?

Source: Tenor
Last Week’s Question: 
What do you do if you are served with a subpoena?
*Hint: It’s definitely not playing dead.
Source: Tenor
Once you are served a subpoena, depending on the type of subpoena, it is compulsory for you to attend court/produce documents. Failing to do so, may cost you a fine or imprisonment.

If you strongly feel that the subpoena should not have been served, you can apply to set aside the subpoena to the court.

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