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Newsletter | Issue 17

Subject: Coming soon: Prisoner of the week




Apa khabar? We’re just a bunch of nerds who enjoy reading and want to spread correct legal information so that knowing your rights does not have a be an ‘American thing’ 😉
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Niresh Kaur, Shambavi Shankar

What’s the tea in Malaysia?

sipping tea
Rosmah found guilty (kind of sweet how we talked about Najib in this section last week) #couplegoals​​
Since someone is found guilty every week, we are working on a new section called: Prisoner of the Week. 

This week, Rosmah was found guilty by the High Court where she was charged with three counts of graft – involving the solar hybrid for rural schools in Sarawak (you know, things for the future of children). 

She was sentenced to 10 years in prison and a whopping (for us) RM970,000,000.00 fine. The judge, in this case, stated that the defence had failed to raise a reasonable doubt against the prosecution’s case – in a criminal case, the burden of proof lies on the defence whereby the defence team will have to invoke doubt in the case. (Even a little doubt would suffice for an acquittal). 

What if she does not pay the fine? That would cost 30 years, according to the High Court Judge, Mohamed Zaini. 

The prosecution did not oppose a stay of execution. Therefore, Rosmah will not be reunited with her husband pending her appeal. 
How to become a citizen of Malaysia if you are a foreign national (we have context for bringing this up)
The general rule (quite simple, really – we even learned it during Pendidikan Sivik dan Kebangsaan):
  • Be over 21 years of age
  • Reside in Malaysia for over 10 years
  • Show adequate knowledge of the Malay language
Lee Tuck, a football player who recently became a naturalised Malaysian citizen (refer Article 19 of the Federal Constitution), celebrated a very auspicious Hari Kebangsaan when he spoke about his struggles to get to where he is. 

Let’s analyse. Is he over 21 years of age? Yes. Can he speak the Malay language? Maybe. Has he resided in Malaysia for over 10 years? 
Image Source:Tenor
According to his Wikipedia page, he joined the Malaysian Premier League in January 2017. If our maths is right, that’s only 5 years.
In other news, Malaysian mothers are still fighting to get their children citizenship. 
OctaFX is illegal
According to Securities Commission (SC) site, OctaFX is flagged to be 
  • Carrying out capital market activities of dealing in derivatives without a licence; and
  • Operating a recognised market without authorisation from the SC. 
The Bank Negara Malaysia in a press statement dated 28.8.2022, added OctaFX to their Financial Consumer Alert list. You can view their full list here.

Further note: OctaFX has also been flagged by The International Organisation of Securities Commissions (IOSCO).

What does this mean? If the SC or the Bank Negara Malaysia does not endorse this, you will not be protected should you have any dispute. 
Image Source:Tenor
Hamzah told us not to spread lies, but he did not confirm the truth either. 
When asked why Najib’s name was not in the prisoner’s list in Kajang, Hamzah neither denied nor confirmed this stating that he does not like speculations. 

So don’t we, Hamzah. That’s why we asked. Who else do we ask if not the Minister of Home Affairs.
digi and celcom merger meme
Image Source:Imgflip
A general PSA

Legal Lingo of the Week – Obiter Dictum 

Last week we wrote about Ratio Decidendi which is a Latin maxim that means the focal point and reasoning derived from a judgment. 

This week we look at Obiter Dictum; a Latin term that translates to things said in passing.
Source: Tenor 
In legal context, it’s a part of the judgment that is merely a statement that carries very little weight and is not legally binding.

It’s more of a ‘by the way’ thing.

Question of the Week

Other than playing football (this is a joke) what are the ways to obtain citizenship in Malaysia?
Last Week’s Question: 
Fahmi Reza was charged earlier this year for insulting health minister Datuk Seri Dr Adham Baba in a form of a caricature. He was however given a discharge not amounting to an acquittal (DNAA) on this charge. 

What is a DNAA?

Answer: A discharge not amounting to an acquittal (“DNAA”) is where the accused is discharged but the charges are still not cleared.

But, why? This could happen due to a lack of evidence or an incomplete process. In this case, Fahmi Reza can be called to court again for the same charges.
Source: Tenor

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