Law & Order

Sedition under the Law of this Country

Details: Category: Judiciary & Bar; Published: Wednesday, 10 June 2009 14:36; Posted by N. H Chan

Prelude - please read it before reading the article

I write this article so as to apprise the people who, in the mind of the general public, have taken the law into their own hands through the harassment of law abiding citizens of this country with the threat of using the Sedition Act 1948 on them. They should not have done it without first taking expert legal advice on the technical and difficult law of sedition under the Act.

After you have read this article, I am sure you will agree with me that the law of sedition is not easy for a layman to understand. Even lawyers and judges have found great difficulty in understanding it - let alone an uninitiated policeman. If the police are not careful, one of these days they will find themselves at the receiving end of a suit for malicious prosecution, false arrest or whatever the victims of their harassment would throw at them.

I hope you will bear with me if this time I am not able to explain difficult law in simple language as much as I would like to. It is at a time like this that I really appreciate the great ability of the late Lord Denning who was so adept at explaining difficult law to us ordinary folk.

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Law and Politics Under Mahathir: Legitimacy, Challenge and Response

Details: Category: Judiciary & Bar; Published: Sunday, 13 July 2008 05:17; Posted by Marzuki Mohamad

The paper attempts at explaining perplexing nexus between law and politics during the Mahathir years amidst swinging pendulum of legitimacy discourse - with human rights discourse on the one side and ‘developmentalism’ on the other – taking place in constrained but contested legal arena. Author: Marzuki Mohamad.

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Competition Regulation in Malaysia

Details: Category: Judiciary & Bar; Published: Friday, 11 July 2008 19:01; Posted by Lee, Cassey

Malaysia does not have a national competition policy. Only two sectors, namely the energy sector and the communications and multimedia sector have made legal provisions for competition policy. The implementation of competition policies in these sectors are still at fairly nascent stages. In other sectors, competition regulation is mostly undertaken at the sectoral level via control over prices and entry conditions (e.g. permits and licenses). Most of these controls are subservient to socio-economic objectives other than of promoting the process of competition in markets. Due to the absence of formal competition policies in these sectors, regulators either do not recognize or often do not know how to deal with competition-related problems. The failures to address competition-related problems at the sectoral level hint at the insufficiency and inadequacy of sectoral regulatory reforms in the country. There is thus a need to consider implementing a national competition policy as a possible solution to such problems. Publication: The 1st East Asia Conference on Competition Law and Policy; March, 4 2004, Kuala Lumpur, Malaysia. Author: Lee, Cassey.

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Legal Position In Relation To Competition In Malaysia

Details: Category: Judiciary & Bar; Published: Saturday, 12 July 2008 10:45; Posted by Cheong May Fong

Malaysia does not have specific legislation regulating competition as yet. Except for provisions on general competition practices fo the communications and multimedia industry, there is no comprehensive regime governing competition. There are a number of related trading and consumer statutes which impact on competition and there are statutes which attempt to introduce the concept of competition and the term “competition??? is used in these statutes. In relation to the acquisition of mergers and takeovers, there are guidelines and a code which apply but these also do not address competition issues. This paper seeks to briefly survey these laws and concludes with some observations. Author: Cheong May Fong.

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Seditious statements

Details: Category: Judiciary & Bar; Published: Tuesday, 20 May 2008 01:00; Posted by BHAG SINGH, The Star

It is generally accepted that it is seditious to question any of the sensitive issues. What needs to be appreciated is what is meant by ‘to question’.

SEDITION as a subject was hardly talked about until the 1970s and 80s and then receded into the background until recently, when it again started receiving a considerable measure of attention.

According to some writers on English Law, the first definite instance found of a law relating to quasi sedition offences was a provision in the First Statute of Westminster passed in the year 1275 which provided a penalty for the publishing of false news or tales “whereby discord may grow between the King and his people??? or “the great men of the realm???.

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