Apa khabar? Tuesday is the new Monday for us.
The long weekend is over, and we have dragged ourselves back to being corporate slaves.
*sliding this note under our bosses doors*
PS: No newsletter knocking at your inbox next week. Try not to miss us.
Niresh Kaur, Shambavi Shankar
What’s the tea in Malaysia?
Source: Tenor / TeamGranger
Will KJ join hands with Muhyiddin or will he choose to remain employed?Upon losing his seat in Sungai Buloh, KJ was offered a state seat in Bersatu by Muhyiddin. To do so, KJ will have to apply to join the party and the seat will be determined by the Perikatan Nasional leadership. No known deadline was set for this.
KJ however, used his get-out-of-unemployment card by joining Hot FM as a radio announcer. There is no update so far on whether or not he will be joining Bersatu (or any other party for that matter) for the state elections.
Stay tuned as we cover the state elections’ legal facts in the coming newsletters.
I will Lau you till death do us partLau Seck Yan, a former lecturer, was charged with the murder of her husband, Poh Seng Hiap, who was stabbed in the chest and abdomen. During the court hearing, Lau told the judge that the spirit of Poh was present and would like to address the court. Lau then spoke on Poh’s behalf, claiming that his death was fated and not a murder.
Source:Tenor / younetflix
FYI, if convicted, Lau could face the death penalty under Section 302 of the Penal Code: whoever commits murder shall be punished with death.
It is unclear what supernatural evidence she was trying to present, but have you guys considered Section 84 of the Penal Code as a defence?
“Don’t kepoh, Bar Council'” said MACCThe MACC has told the Malaysian Bar to stay in their lane following MACC’s investigation against Datuk Mohd Nazlan Mohd Ghazali, the former High Court judge in Najib’s SRC case.
The Malaysian Bar president, Karen Cheah, stated that the MACC has no bearing to oversee the judiciary. However, Azam Baki, MACC’s chief commissioner, stated that the agency had received 8 complaints from the public.
Source: Tenor / Wentworth
If MACC has no bearing in this, who does? Any issues on a judge’s ethics fall under the purview of the Judicial Ethics Committee under the Judges Ethics Committee Act 2010.
Yew bankrupt or not?Tan Sri Lee Kim Yew, the founder of Country Heights, has received a bankruptcy notice from the Malaysia Department of Insolvency over a debt of RM3 million allegedly owed to one of his former consultants, Gerald Patrick Healy.
Source: Tenor / Wheelrob
Lee insists that he is still solvent and that Healy is trying to take him down. Currently, Lee is awaiting a notice from the Department of Insolvency and has written to the government to set aside the bankruptcy declaration. Fingers crossed, Tan Sri!
What is a bankruptcy notice? Simply put, a bankruptcy notice is a notice to demand the debtor to pay a judgment debt. In Malaysia, there are two ways where a person can be made bankrupt, as per the Insolvency Act 1967:
1. By a creditor’s petition – provided the debtor owes the petitioning creditor an amount no less than RM100,000.00.
2. By a debtor’s petition – a debtor may petition to declare himself bankrupt to protect himself from his creditors.
Other highlights of the week:
1. Elon’s starships are not meant to fly.Elon’s team stayed positive despite their starship’s launch being ‘halted’ halfway due to an explosion – they called this a “classical SpaceX successful failure”. Call it anything you want, but to allow that and feed us paper straws to ‘save the earth’ sounds a little hypocritical don’t you think?
Source: Tenor /nbcsnl
Legal Lingo of the Week – Mala Fide
It is a legal term used to describe conduct that is done with dishonest or fraudulent intentions. The term is often used in contract law, tort law, and administrative law to describe conduct that is done with a malicious or dishonest intent.
Question of the week
Which will take precedence in a Muggle’s world?
Source: Tenor / Abel46ss
Answer for last week’s question
Q: What is the process of Royal Pardon? Asking for a friend.
Relevant law that allows application of royal pardon:
Regulation 54 of the Prison Regulations 2000 requires the Officer-in-Charge to prepare a report on prisoners who have completed four, eight, twelve or sixteen years of their sentence and subsequent years and submit the report to the Director General, who will forward it to the Menteri Besar or Chief Minister of the relevant state, except in security cases and those convicted by a Court Martial. The Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri may, in accordance with Article 42 of the Federal Constitution, remit part or all of the prisoner’s remaining sentence or direct when the case should be submitted for consideration in the future.
Regulation 113 of the Prison Regulations 2000 allows a prisoner to petition the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri in Malaysia regarding their conviction or sentence.
Section 281(c) of the Criminal Procedure Code requires the Menteri Besar of the State where the offence was committed to submit details of the conviction and sentence to the Ruler of the relevant State for consideration under Article 42 of the Constitution.
Source: Tenor / IronMask
Who’s got the control:
Article 42 of the Federal Constitution outlines the powers of the Yang di-Pertuan Agong and the Rulers of each state to grant pardons, reprieves, and respites for criminal offences.
Article 42(1) explains the who is in charge of the appeal – The Yang di-Pertuan Agong has the power to grant such pardons for offences tried by court-martial or offences committed in Kuala Lumpur or Labuan, while the Rulers of each state have the power to grant pardons for offences committed within their respective states.
The Pardons Board is responsible for advising the Ruler or Yang di-Pertua Negeri in exercising these powers. This Board consists of the Attorney General, Chief Minister of the State, and up to three other members appointed by the Ruler or Yang di-Pertua Negeri.
TLDR: The Rulers have the final say.
* Reference: Article by Skrine
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