judicial appointments commission annual report 2013

JUDICIAL APPOINTMENTS COMMISSION

2 0 13ANNUAL REPORT

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CHAIRMANSFOREWORD

Chairmans Foreword 3 - 5

Background 7 - 8

Members of the Judicial Appointments Commission 9 - 15

Meetings 17 - 21

Appointment of Superior Court Judges 2013 23 - 28

Training of Superior Court Judges 2013 29 - 62

Office of the Secretary, Judicial Appointments Commission 63 - 67

CONTENTS


3Annual Report 2013

CHAIRMANSFOREWORD


4 Annual Report 2013


CHAIRMANS FOREWORD

Assalamualaikum warahmatullahi wabarakatuh and salam sejahtera.

Alhamdulillah, with the grace of Allah (s.w.t) the Judicial Appointments Commission which was established in 2009 is now in its fifth year.

In January 2013, we bade farewell to appointed Commissioners who successfully completed their term of four years with the Commission. Subsequently, we welcomed four new Commissioners to the Commission. I trust their experience and wisdom would assist the Commission in its functions and duties.

In 2013, a total of 26 appointments were made, 10 of which were Judicial Commissioners. The appointment of the Judicial Commissioners were made in line with the effort to reduce the case backlog and to improve the court delivery system.

Consistent with our oath of office, the Judiciary will strive to attain the highest standard in terms of integrity and professionalism. Therefore the selection process for the appointment and promotion of judges is of crucial importance. In line with section 23 of the Judicial Appointments Commission Act 2009, candidates are selected based on academic achievement and work experience.

The Commission recognises the need for judges to be equipped with relevant legal knowledge and skills in order to meet public expectation. To ensure judges are kept abreast with recent changes, continuous education in relevant areas of law features prominently in the Commissions annual programme. Hence, a series of course and seminars on selected topics were organised in 2013 by the Judicial Academy under the aegis of the Commission.

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Annual Report 2013 5

Despite budgetary constraints, the Academy had successfully organised 8 training programmes in 2013, comprising various courses, workshops and seminars. The courses, conducted mainly by senior judges, covered topics related to Company Law, Section 39B of the Dangerous Drugs Act 1952 and Appellate Intervention and Revision. In addition to the in-house training conducted by senior judges, we have in collaboration with the Kuala Lumpur Regional Centre of Arbitration organised a seminar and a workshop on construction law; and with Bank Negara Malaysia on Islamic Banking. These programmes have helped to further enhance the knowledge and skills of our judges. I am happy to note that the Commission has received encouraging feedback from judges of the programmes.

In order to encourage and instill esprit de corps among judges, an outreach programme consisting of teamwork activities and outdoor challenges, was held in Gemia Island, Terengganu in September 2013. Strong support and enthusiasm were displayed throughout the programme by all participants.

The Commission is currently considering the possibility of collaborating with other judicial academies in order to tap into their skills and knowledge. Additionally, we are considering sending senior judges to attend training for trainers programme in other judicial academies in the near future. With this, it is hoped that we would be able to develop our own expertise in various fields of law in the coming years.

A strong and effective justice system is important to enhance public confidence in the Judiciary and the Commission has been diligently working towards this end since its inception. The Commission will continue in its effort to raise the standard of the Judiciary via a merit based appointment system, periodic review of the performance of judges and continuous learning schemes. These factors will contribute towards improving and enhancing the administration of justice through the speedy disposal of cases and high quality decisions. In short, the Commission despite its tender age, has contributed significantly towards greater transparency in the appointment and promotion of judges. A committee has also been set up to study the remuneration and scheme of service for judges and to report to the Commission on its finding and recommendation.

Finally, I wish to record my sincere gratitude to the Secretary of the Commission and the officers and staff for their continuous support and commitment in carrying out the duties and functions of the Commission.

TUN ARIFIN BIN ZAKARIA


BACKGROUND


7Annual Report 2013

BACKGROUND

8




BACKGROUND

The Judicial Appointments Commission (JAC) was established with the coming into force of the Judicial Appointments Commission Act 2009 (Act 695) gazetted on 8 January 2009. Since its establishment, apart from its main function of selecting suitably qualified individuals for appointment as superior court judges, many different programmes and initiatives have been undertaken by the JAC to improve the administration of justice including training programmes for judges of the superior court.

Under the Act, judges of the superior court is defined as the Chief Justice, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, the Chief Judge of the High Court in Sabah and Sarawak, judges of the Federal Court, Court of Appeal and High Court. Nevertheless, with the coming in to effect of the Judicial Appointments Commission (Amendment) Act 2010, the meaning of judges of the superior court also includes Judicial Commissioners.

In order to carry out its functions effectively, the Prime Minister appointed a Secretary who is responsible for implementing the decisions of the Commission, its activities, general administration and management. The Secretary is assisted by 12 permanent officers and staff of various grades.



9Annual Report 2013

MEMBERS OF THE JUDICIAL

APPOINTMENTS COMMISION

2013




MEMBERS OF THE JUDICIAL APPOINTMENTS COMMISSION 2013

The Judicial Appointments Commission comprises 9 members, 4 of whom are appointed by tenure, namely, the Chief Justice, the President of the Court of Appeal, the Chief Judge of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak. Meanwhile the other 5 members comprising a Federal Court Judge and 4 others who are eminent persons, who are not members of the executive or other public service, are appointed by the Prime Minister.

The 4 members who were appointed by the Prime Minister pursuant to section 5(1)(f) of Act 695 had completed their 2 terms (4 years) on 8 February 2013. They are YABhg. Tun Dato Seri Abdul Hamid bin Haji Mohamad, YBhg. Tan Sri Dato Seri Ainum binti Mohamed Saaid, YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong and YBhg. Tan Sri Datuk Wira Dr. L.C. Vohrah.

Following the cessation of the appointments of the 4 members, the Prime Minister appointed 4 new members after consultations with the Bar Council of Malaysia, the Sabah Law Association, the Advocates Association of Sarawak, the Attorney General of the Federation, the Attorney General of Sabah and the Attorney General of Sarawak. They are as follows:

YBhg. Tan Sri Haidar bin Mohamed Noor(i) Former Chief Judge of the High Court in Malaya

YBhg. Datuk Seri Panglima Sulong Matjeraie(ii) Former Federal Court Judge

YBhg. Dato Selventhiranathan a/l Thiagarajah(iii) Former Court of Appeal Judge

YBhg. Dato Tee Ah Sing @ Tee Boon Hooi(iv) Former Court of Appeal Judge

The appointment is for 1 term beginning 9 February 2013 till 8 February 2015. Pursuant to section 6(1) of Act 695, they can be reappointed with the approval of the Prime Minister for an additional term but shall not hold office for more than 2 terms (4 years).



The Rt. Hon. Tun Arifin bin Zakaria Chief Justice(Chairman)

The Rt. Hon. Tun was appointed as Judicial Commissioner on 1 March 1992.

He was a Legal and Judicial Service Officer prior to the aforementioned

appointment. After almost 2 years in service as Judicial Commissioner, the Rt.

Hon. Tun was appointed as High Court Judge on 25 January 1994, as Court of

Appeal Judge on 6 August 2002 and as Federal Court Judge on 17 June 2005.

On 18 October 2008, the Rt. Hon. Tun was appointed as Chief Judge of the

High Court in Malaya. On 12 September 2011, the Rt. Hon. Tun was appointed

the Chief Justice as well as the Chairman of the JAC.

COMMISSIONERS OFTHE JUDICIAL APPOINTMENTS COMMISSION




The Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin Chief Judge of the High Court in Malaya

The Rt. Hon. Tan Sri was appointed as Judicial

Commissioner on 1 November 1994. Subsequently, the

Rt. Hon. Tan Sri was appointed as High Court Judge on

12 January 1996 and as Court of Appeal Judge on

17 June 2005. He was then appointed as Federal Court

Judge on 5 September 2007 and as at 12 September

2011, the Rt. Hon. Tan Sri was appointed the Chief Judge

of the High Court in Malaya.

The Rt. Hon. Tan Sri Md Raus bin SharifPresident of the Court of Appeal


Commissioner on 1 November 1994. He was a Legal

and Judicial Service Officer prior to the aforementioned

appointment. On 12 January 1996, the Rt. Hon. Tan Sri

was appointed as High Court Judge. He was appointed as

Court of Appeal Judge on 28 July 2006 and subsequently

appointed as Federal Court Judge on 14 October 2009.

The Rt. Hon. Tan Sri was appointed the President of the

Court of Appeal on 12 September 2011.



The Hon. Tan Sri Abdull Hamid bin EmbongFederal Court Judge

The Hon. Tan Sri was appointed as Judicial

Commissioner on 1 November 1994 and as High Court

Judge on 5 July 1996. The Rt. Hon. Tan Sri was then

appointed as Court of Appeal Judge on 28 July 2006

and as Federal Court Judge on 14 October 2009.

The Hon. Tan Sri was appointed as Commissioner of

the Judicial Appointments Commission by the Prime

Minister on with effect from 1 October 2011 until

30 September 2013. The Hon. Tan Sris service as

Commissioner was continued with effect from

1 October 2013.

The Rt. Hon. Tan Sri Datuk Seri Panglima Richard MalanjumChief Judge of the High Court in Sabah and Sarawak


Commissioner on 1 March 1992 and as High Court

Judge on 20 August 1993. The Rt. Hon. Tan Sri was

then appointed as Court of Appeal Judge on 6 August

2002 and as Federal Court Judge on 17 June 2005. On

26 July 2006, the Rt. Hon. Tan Sri was appointed the

Chief Judge of the High Court in Sabah and Sarawak.




YBhg. Datuk Seri Panglima Sulong Matjeraie

YBhg. Datuk Seri was appointed as Federal Court Judge

on 4 April 2012 and retired on 19 January 2013. YBhg.

Datuk Seri was appointed by the Prime Minister as

Commissioner of the Judicial Appointments Commission

for 2 years starting from 10 February 2013.

YBhg. Tan Sri Haidar bin Mohamed Noor

YBhg. Tan Sri is the former Chief Judge of the High Court

in Malaya and held that position from 3 December 2002

until he retired on 8 November 2004. YBhg. Tan Sri was

appointed by the Prime Minister as Commissioner of the

Judicial Appointments Commission for 2 years starting

from 10 February 2013.



YBhg. Dato Tee Ah Sing @ Tee Boon Hooi

YBhg. Dato was appointed as Court of Appeal Judge

on 14 October 2009 and retired on 20 January 2011.

YBhg. Dato was appointed by the Prime Minister as



YBhg. Dato Selventhiranathan a/l Thiagarajah

YBhg. Dato was appointed as Court of Appeal Judge

on 14 October 2009 and retired on 26 August 2011.

YBhg. Dato was appointed by the Prime Minister as




17Annual Report 2013

MEETINGS




JUDICIAL APPOINTMENTS COMMISSION MEETINGSAct 695 states that 2 types of meetings are to be held by the JAC as follows:

JAC Meetings(i)

Selection Meetings(ii)

JAC meetings are held at least once a month at such time and place as may be determined by the Chairman as per section 13 of Act 695. Issues discussed during JAC meetings include efforts to increase the performance of the Judiciary specifically in the disposal of cases and increasing the quality of judgments. The JAC Meeting schedule for the year 2013 is as per Table 1.

Table 1: JAC Meeting Schedule2013

No. Month Date Time Venue

1. January11 January (Friday)

3.00 pmMeeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

2. February26 February (Tuesday)

10.30 amMeeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

3. March14 March (Thursday)

10.30 amMeeting Room of the Chief Justice, Level 5, Istana Kehakiman, Putrajaya

4. April3 April (Wednesday)

3.00 pmKuantan Court Complex,Kuantan, Pahang

5. May10 May (Friday)


6. June17 June (Monday)


7. July15 July (Monday)


8. August19 August (Monday)


9. September27 September (Friday)


10. October23 October (Wednesday)

9.00 amLangkawi CourtLangkawi, Kedah

11. November8 November (Friday)


12. December16 December (Monday)

9.00 amJohor Bahru High CourtJohor Bahru, Johor



Selection Meetings are only held when there is a need to increase the number of judges in the Federal Court, Court of Appeal, High Court and Judicial Commissioners. The constitution of the Federal Court, Court of Appeal and High Court is provided for under of the Federal Constitution as per Table 2.

Table 2: Constitution of the Courts

No. Court No. of Positions

1. Chief Justice 1

President of the Court of Appeal 1

Chief Judge of the High Court in Malaya 1

Chief Judge of the High Court in Sabah and Sarawak 1

2. Federal Court 11

3. Court of Appeal 32

4. High Court 73

High Court in Malaya(i) 60

High Court in Sabah and Sarawak(ii) 13

Total 120

In 2013, Selection Meetings were held a total of 4 times as per Table 3.

Table 3: Selection Meetings 2013

Date Selection

14 March (Thursday)Federal Court Judge, Court of Appeal Judge and Judicial Commissioner

17 June (Monday) Federal Court Judge

15 July (Monday) Judicial Commissioner

19 August (Monday) High Court Judge




Exercises for the selection of Judicial Commissioners will only be carried out where there is a need for the despatch of business of the High Courts as provided for under Article 122AB(1) of the Federal Constitution.

Judicial Appointments Commission Meeting at the Kuantan Court Complex, Pahang.

THE SELECTION PROCESS

Candidates who are considered for selection as Federal Court Judges are judges from the Court of Appeal whilst for the Court of Appeal are candidate judges from the High Court and for the High Court candidates are from the ranks of Judicial Commissioners. Meanwhile, selection for Judicial Commissioners, candidates are made up of legal and judicial officers as well as legal practitioners.

All candidates who are selected are subject to vetting by the Royal Malaysian Police, the Malaysian Anti-Corruption Agency, the Companies Commission of Malaysia and the Malaysian Department of Insolvency.

The factors taken into account when considering candidates are as provided for under section 23 of Act 695.

Candidates are selected based on the result of a private ballot. After a selection has been made, a comprehensive report is submitted to the Prime Minister informing him of the recommended candidates and detailing the bases of recommendation. This report is sent with an accompanying letter from the Chief Justice as provided for under the Federal Constitution.



Selection Criteria

23. (1) A candidate is qualified for selection if he fulfils the requirement under Article 123 of the Federal Constitution.

(2) The Commission in selecting candidates shall take into account amongst others, the following criteria:

integrity,competencyandexperience; objective,impartial,fairandgoodmoralcharacter; decisiveness,abilitytomaketimelyjudgmentsandgood legal writing skills; industriousnessandabilitytomanagecaseswell;and physicalandmentalhealth.

(3) A person who is a serving judge or judicial commissioner must not be appointed if he has three or more pending judgments or unwritten grounds of judgments that are overdue by sixty days or more from the date they are deemed to be due.

(4) The Commission in selecting candidates must also take into account the need to encourage diversity in the range of legal expertise and knowledge in the judiciary.The ability to manage cases well and grounds of judgment which do not remain unwritten for longer than allowed.



APPOINTMENT OFSUPERIOR COURT

JUDGES 2013




APPOINTMENT OF JUDGES AND JUDICIAL COMMISSIONERS IN 2013

Judges

A total of 3 Federal Court Judges, 4 Court of Appeal Judges and 4 High Court Judges were appointed in 2013. The list of judges appointed is as per Table 4.

Table 4: Appointment of Judges in 2013

Position Date of Appointment Name

Federal Court Judge 30 September 2013

The Hon. Dato Sri Haji Mohamed Apandi bin Haji Ali

The Hon. Dato Sri Abu Samah bin Nordin

The Hon. Datuk Ramly bin Haji Ali

Court of Appeal Judge

8 January 2013

The Hon. Datuk David Wong Dak Wah

The Hon. Dato Rohana binti Yusuf

The Hon. Dato Tengku Maimun binti Tuan Mat

The Hon. Dato Haji Mohd Zawawi bin Salleh

The Hon. Datuk Dr. Haji Hamid Sultan bin Abu Backer

30 September 2013

The Hon. Dato Seri Zakaria bin Sam

The Hon. Dato Abang Iskandar bin Abang Hashim

The Hon. Dato Umi Kalthum binti Abdul Majid

The Hon. Dato Varghese a/l George Varughese

High Court Judge 8 January 2013

The Hon. Dato Nik Hasmat binti Nik Mohamad

The Hon. Datuk Hanipah binti Farikullah

The Hon. Tuan Ravinthran a/l N. Paramaguru

The Hon. Tuan Chew Soo Ho



Appointment of Judges of the Court of Appeal and High Court on 8 January 2013

The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak during a photo session with the Seri Paduka Baginda Yang di-Pertuan Agong in conjunction with the appointment of 5 Court of Appeal Judges and 4 High Court Judges.




The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya, Chief Judge of the High Court in Sabah and Sarawak and Minister in the Prime Ministers Department during a photo session with the Seri Paduka Baginda Yang di-Pertuan Agong in conjunction with the appointment of 3 Federal Court Judges and 4 Court of Appeal Judges.

Appointment of Judges of the Federal Court and Court of Appeal on 30 September 2013



JUDICIAL COMMISSIONER

A total of 10 Judicial Commissioners were appointed in 2013 and are made up of 7 Legal and Judicial Officers and 3 lawyers. The list of Judicial Commissioners appointed is as per Table 5 and Table 6.

Table 5: Appointment of Legal and Judicial Officers as Judicial Commissioners

No. Name Date of Appointment Previous Position

(i) The Hon. Tuan Wong Teck Meng 8 July 2013Chairman, Parole Board 1, Ministry of Home Affairs

(ii)The Hon. Puan S.M. Komathy a/p Suppiah

8 July 2013Sessions Court Judge, Kuala Lumpur

(iii) The Hon. Dato Rozana binti Ali Yusof 8 July 2013Sessions Court Judge, Kuala Lumpur

(iv) The Hon. Tuan Abu Bakar bin Katar 8 July 2013 Director, Malacca Court

(v)The Hon. Dato Che Mohd. Ruzima bin Ghazali

2 December 2013Court of Appeal Registrar, Federal Court of Malaysia

(vi)The Hon. Dato Hj. Ab. Karim bin Haji Ab. Rahman

2 December 2013Chairman, Board of Advisors, Prime Ministers Department

(vii)The Hon. Tuan Azhahari Kamal bin Ramli

2 December 2013High Court Registrar, Sabah and Sarawak

Table 6: Appointment of Lawyers as Judicial Commissioners

No. Name Date of Appointment Previous Position

(i)The Hon. Tuan Natha Balan a/l E.S. Moorthy

8 July 2013LawyerZul Rafique and Partners

(ii) The Hon. Tuan Abu Bakar bin Jais 8 July 2013LawyerMessrs Hisham Sobri and Kadir

(iii)The Hon. Tuan Mairin bin Idang@ Martin

2 December 2013LawyerMessrs Martin Mairin Idang Rantau and Co.

28




The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak with the 6 Judicial Commissioners appointed.

The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya and Chief Judge of the High Court in Sabah and Sarawak with the 4 Judicial Commissioners appointed.

Appointment of Judicial Commissioners8 July 2013

Appointment of Judicial Commissioners2 December 2013




TRAINING OFSUPERIOR COURT

JUDGES 2013




TRAINING OF SUPERIOR COURT JUDGES 2013

INTRODUCTION

In line with the function of the JAC under section 21(1)(e) and (f) of Act 695, the

JAC had set aside about RM200,000 for the training of superior court judges.

Training for superior court judges is carried out by the Judicial Academy which

was established on 16 December 2011 and is responsible for the preparation

of appropriate training programmes for judges of the superior court throughout

the country. The Office of the Secretary of the JAC is the secretariat to the

Academy.

It is the objective of the Academy to ensure that superior court judges acquire

the widest experience, skills and knowledge in the many areas of law in keeping

with current legal development. The fundamental complexities of the modern

day judicial function makes it necessary that the Judicial Academy is meticulous

in planning, managing and executing training programmes which will impact

the national judicial system positively.



The committee of the Judicial Academy is as follows:

Chairman : The Rt. Hon. Tun Arifin bin ZakariaChief Justice

Members : The Rt. Hon. Tan Sri Md. Raus bin SharifPresident of the Court of Appeal

The Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad MakinudinChief Judge of the High Court in Malaya The Rt. Hon. Tan Sri Datuk Seri Panglima Richard MalanjumChief Judge of the High Court in Sabah and Sarawak

The Hon. Tan Sri Ahmad bin Haji MaaropFederal Court Judge

The Hon. Dato Azahar bin MohamedCourt of Appeal Judge

The Hon. Dato Mohamad Ariff bin Md. YusofCourt of Appeal Judge

The Hon. Dato Mah Weng KwaiCourt of Appeal Judge

The Hon. Puan Nallini PathmanathanHigh Court Judge, Kuala Lumpur

The Hon. Dr. Badariah binti Haji SahamidHigh Court Judge, Shah Alam, Selangor

The Hon. Datuk Yew Jen KieHigh Court Judge, Kuching, Sarawak

Secretary : YBhg. Datuk Hamidah binti KhalidSecretary, Judicial Appointments Commission




IMPLEMENTING TRAINING PROGRAMMES IN 2013

In 2013, training programmes and courses carried out by the Judicial Academy are as follows:

Courses Conducted by Senior Judges and Judicial Seminars;(i)

Programmes co-organised with other agencies; and(ii)

(iv) Judicial Outreach Programmes.

COURSES CONDUCTED BY SENIOR JUDGES AND JUDICIAL SEMINARS

Courses Conducted by Senior Judges

A total of 3 courses were conducted by senior judges as facilitators. These courses involved small groups of between 14 and 15 High Court judges and Judicial Commissioners. The Judicial Academy Committee agreed that the panel of facilitators should comprise the President of the Court of Appeal, the Chief Judge of the High Court in Malaya, Judges of Federal Court Judges, Court of Appeal and High Court.

The course titles, number of participants and facilitators for courses conducted by senior judges are as per Table 7.

Table 7: Courses Conducted by Senior Judges

No. Course Title DateNo. of

ParticipantsFacilitators

(i)Company Law

23-24 February 2013

15

The Hon. Dato Mohd. Hishamudin bin Md. Yunus

The Hon. Dato Mohamad Ariff bin Md. Yusof

The Hon. Puan Nallini Pathmanathan

(ii)

How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952

20-21 April 201314

The Hon. Tan Sri Ahmad bin Haji Maarop

The Hon. Dato Sri Haji Mohamed Afandi bin Haji Ali

The Hon. Dato Azahar bin Mohamed

(iii)Appellate Intervention and Revision 6 7 July 2013

14The Rt. Hon. Tan Sri Md Raus bin Sharif

The Hon. Datuk Zaharah binti Ibrahim

Total 43



The Chief Judge of the High Court in Malaya delivering his opening address to the participants during the Company Law course.

Company Law Course

A course on Company Law was held from 23-24 February 2013. The facilitators were the Hon. Dato Mohd. Hishamudin bin Md. Yunus, Court of Appeal Judge; the Hon. Dato Mohamad Ariff bin Md. Yusof, Court of Appeal Judge; and the Hon. Puan Nallini Pathmanathan, High Court Judge, Kuala Lumpur.

The Hon. Dato Hishamudin bin Md. Yunus, Court of Appeal Judge, the Hon. Dato Mohamad Ariff bin Md. Yusof, Court of Appeal Judge and the Hon. Puan Nallini Pathmanathan, High Court Judge as facilitators during the Company Law course.

The Hon. Dato Hishamudin bin Md. Yunus, Court of Appeal Judge, presenting his topic during the Company Law course.




A total of 15 participants comprising 7 High Court judges and 8 Judicial Commissioners attended the course as per Table 8:

Table 8: Company Law Course Participants

No. Name Position and Place of Work

1. The Hon. Dato Rosnaini binti Saub High Court Judge, Kuala Lumpur

2. The Hon. Dato Abdul Rahman bin Sebli High Court Judge, Johor Bahru

3. The Hon. Dato Umi Kalthum binti Abdul Majid High Court Judge, Kuala Lumpur

4. The Hon. Datuk Nor Bee binti Ariffin High Court Judge, Kuala Lumpur

5. The Hon. Dato Has Zanah binti Mehat High Court Judge, Kuala Lumpur

6. The Hon. Datuk Hasnah binti Dato Mohammed Hashim High Court Judge, Kuala Lumpur

7. The Hon. Tuan Harmindar Singh Dhaliwal High Court Judge, Ipoh

8. The Hon. Dato Zakiah binti Kassim Judicial Commissioner, High Court, Alor Setar

9. The Hon. Dato Asmabi binti Mohamad Judicial Commissioner, High Court, Kuala Lumpur

10. The Hon. Puan Rosilah binti Yop Judicial Commissioner, High Court, Kuala Lumpur

11. The Hon. Tuan Samsudin bin Hassan Judicial Commissioner, High Court, Johor Bahru

12. The Hon. Datuk Abdul Karim bin Abdul Jalil Judicial Commissioner, High Court, Melaka

13. The Hon. Dato Hashim bin Hamzah Judicial Commissioner, High Court, Shah Alam

14. The Hon. Datuk Wira Kamaludin bin Md. Said Judicial Commissioner, High Court, Kuala Lumpur

15. The Hon. Datin Hajah Azizah binti Haji Nawawi Judicial Commissioner, High Court, Kuala Lumpur



The Chief Judge of the High Court in Malaya in a picture with the facilitators and participants of the Company Law course.

Participants listening to the explanation given by the facilitators during the Company Law course.




This course was divided into 2 sections, namely:

An exposition by the facilitators on Company Law in both United Kingdom and (i) Malaysia preceded the session. The topics discussed were Introductory Remarks on the Origins of Company Law in the United Kingdom by The Hon. Dato Mohd Hishamudin bin Md. Yunus and The Origins of Company Law in Malaysia by The Hon. Puan Nallini Pathmanathan.

Presentation of working papers by the participants on topics provided to them by (ii) the facilitators before the start of the course were as follows:

(a) Winding Up Legal Implications of Zaiton Marketing Sdn Bhd v. Boustead Eldred Sdn [2008] 9 CLJ 194 (High Court); [2010] 1 CLJ 381 (Federal Court) by the Hon. Dato Abdul Rahman bin Sebli;

(b) Discuss the principle in Salamon v. Salamon and the approach taken by Malaysian Courts in dealing with the lifting the corporate veil principle by the Hon. Dato Rosnaini binti Saub;

(c) Section 181 and Oppression of Minority. To discuss the basic principles by the Hon. Dato Umi Kalthum binti Abdul Majid;

(d) Derivative Actions; The Rule in Foss v. Harbottle [1843] 2 Hare 461; and Lee Tak Suan v. Tunku Dato Seri Shahabudin [2009] 4 CLJ 365 (Federal Court); [2007] 8 CLJ 75 (High Court); Abdul Rahim bin Aki v. Krubong Industrial Park [1995] 3 MLJ 417 by the Hon. Datuk Nor Bee binti Ariffin;

(e) Applying to stay or restrain further proceedings (section 222). Discuss Noble Specialty Sdn Bhd v. Sedap Food Industries [2009] 1 LNS 72; Shing Hup Hin Construction Sdn Bhd v. General Soil Engineering Sdn Bhd [1999] 1 CLJ 303; and Solid Kitchen Sdn Bhd v. Regal Development Sdn Bhd [1998] 6 MLJ 437 by the Hon. Dato Has Zanah binti Mehat;

The Hon. Dato Umi Kalthum binti Abdul Majid presenting Section 181 and Oppression of Minority. To discuss the basic principles.



(f) Fortuna Injunctions by the Hon. Datuk Hasnah binti Dato Mohammed Hashim;

(g) Discuss the procedure to be followed after the presentation of a winding-up petition. Discuss Petro-pine Industries (M) Sdn Bhd v. Fieldwork Engineering Sdn Bhd [2003] 1 CLJ 777; and Ho Siew Choong & Ors v. Everworth Sdn Bhd [2005] 2 CLJ 273 by the Hon. Tuan Harmindar Singh Dhaliwal;

(h) Section 243 stays by the Hon. Dato Zakiah binti Kassim;

(i) The Liquidator Appointment, Remuneration, Disqualification by the Hon. Tuan Samsudin bin Hassan;

(j) Powers and duties of Liquidators, control by Court over Liquidators by the Hon. Datuk Abdul Karim bin Abdul Jalil;

(k) Section 223 Avoidance of Disposition of property by the Hon. Dato Hashim bin Hamzah;

(l) Applications under Section 176; in particular discuss the issue in Re PECD Bhd & Anor (No:2) 10 CLJ 486 and Pelangi Airways Sdn Bhd v. Mayban Trustees Bhd [2001] 6 CLJ 129 by the Hon. Datuk Wira Kamaludin bin Md. Said;

(m) Security for costs in respect of companies by the Hon. Datin Hajah Azizah binti Haji Nawawi;

(n) The Indoor Management Rule in Royal British Bank v. Turquard; and the application of this rule by Malaysian Courts (Pekan Nenas case: [1998] 1 CLJ 793) by the Hon. Dato Asmabi binti Mohamad; dan

(o) Directors Breach of Fiduciary Duty by the Hon. Puan Rosilah binti Yop.

The Hon. Datuk Abdul Karim bin Abdul Jalil presenting Powers and Duties of Liquidators, Control by Court over Liquidators.




The Academy Director and facilitators of the How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952 course, from left, the Hon. Dato Mohamad Ariff bin Md. Yusof, Court of Appeal Judge, the Hon.

Dato Sri Haji Mohamed Afandi bin Haji Ali, Court of Appeal Judge, the Hon. Tan Sri Ahmad bin Haji Maarop, Federal Court Judge, and the Hon. Dato Azahar bin Mohamed, Court of Appeal Judge.

Course entitled How to Deal with Cases Under Section 39B of the Dangerous Drugs Act 1952

A course entitled How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952 was held from 23-24 February 2013. The facilitators were Tan Sri Ahmad bin Haji Maarop, Federal Court Judge; the Hon. Dato Sri Haji Mohamed Afandi bin Haji Ali, Court of Appeal Judge; and the Hon. Dato Azahar bin Mohamed, Court of Appeal Judge.



A total of 14 participants attended this course. They were made up of 10 High Court Judges and 4 Judicial Coomissioners as per Table 9:

Table 9: Participants of How to Deal with Cases UnderSection 39B of the Dangerous Drugs Act 1952


1. The Hon. Dato Zainal Adzam bin Abd. Ghani High Court Judge,Ipoh

2. The Hon. Datuk Siti Mariah binti Haji Ahmad High Court Judge, Seremban

3. The Hon. Dato Haji Abd. Halim bin Aman High Court Judge, Johor Bahru

4. The Hon. Datuk Nurchaya binti Haji Arshad High Court Judge, Shah Alam

5. The Hon. Dato Mohd. Azman bin Husin High Court Judge, Kuala Lumpur

6. The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak High Court Judge, Shah Alam

7. The Hon. Dato Haji Zainal Azman bin Abdul Aziz High Court Judge, Muar

8. The Hon. Dato Mary Lim Thiam Suan High Court Judge, Kuala Lumpur

9. The Hon. Puan Supang Lian High Court Judge, Sibu

10. The Hon. Tuan Stephen Chung Hian Guan High Court Judge, Miri

11. The Hon. Puan Choong Siew Khim Judicial Commissioner, High Court, Shah Alam

12. The Hon. Tuan Lee Swee Seng Judicial Commissioner, High Court, Ipoh



The Chief Judge of the High Court in Malaya in a picture with the facilitators and participants of the How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952course.




Participants listening to the explanation given by the facilitators during the How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952course.

This course was divided into 2 sessions:

Presentation of discussion topics as determined by the facilitators were related (i) to the Dangerous Drugs Act 1952. Emphasis was given to the section 39B of the said Act as well as other related laws such as the Criminal Procedure Code. The topics of discussion were as follows:

(a) Meaning of Prima Facie Case and Evaluation of Evidence at the End of Prosecution Case by the Hon. Datuk Abdul Karim bin Abdul Jalil;

(b) Chain of Evidence / Evidence by Chemist by the Hon. Datuk Nurchaya binti Haji Arshad;

(c) Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952) and Agent Provocateur/ Informer by the Hon. Dato Mohd Sofian bin Tan Sri Abd. Razak;

(d) Proof of Trafficking By Using Presumptions Section 37 (d), Section 37 (da) and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952 by the Hon. Puan Choong Siew Khim;

(e) Reasonable Doubt and Evaluation of Evidence at the End of Defence Case by the Hon. Dato Haji Abdul Halim bin Aman;

(f) Section 27 And Section 8 of The Evidence Act by the Hon. Dato Mohd. Azman bin Husin;

(g) Common Intention (Section 34 of The Penal Code) by the Hon. Puan Supang Lian;



(h) Circumstancial Evidence In Drug Related Cases by the Hon. Tuan Stephen Chung Hian Guan;

(i) Corroboration by the Hon. Dato Mary Lim Thiam Suan;

(j) Contradiction and Impeachment by the Hon. Dato Hashim bin Hamzah

(k) Application of Section 422 of CPC and Section 167 of Evidence Act 1950 by the Hon. Datuk Siti Mariah binti Haji Ahmad;

(l) Duty of Defence to Put its Case During Prosecutions Case and Adverse Inference Section 114g of Evidence Act by the Hon. Tuan Lee Swee Seng;

(m) Section 90A of Evidence Act 1950 (Principles and Application) by the Hon. Dato Zainal Adzam bin Abd. Ghani; dan

(n) Reduction of Charge by Court by the Hon. Dato Haji Zainal Azman bin Abd. Aziz.

8 grounds of judgment of criminal cases related to section 39B chosen by the (ii) facilitators were also discussed. The cases discussed were as follows:

(a) Mahkamah Tinggi Ipoh - Perbicaraan Jenayah No. 45-17-2001: Pendakwa Raya lawan Lee Kwan Woh (Case introduction by the Hon. Datuk Siti Mariah binti Haji Ahmad);

(b) Mahkamah Tinggi Muar - Perbicaraan Jenayah No. 45-22-2001: Pendakwa Raya lawan Zulkifli bin Arshad.(Case introduction by the Hon. Dato Haji Abdul Halim bin Aman);

(c) Mahkamah Tinggi Kota Bharu - Perbicaraan Jenayah No. 45-6-2002: Pendakwa Raya lawan Mr. Ouseng Sama-Ae.(Case introduction by the Hon. Dato Mohd Sofian bin Tan Sri Abd. Razak);

(d) Mahkamah Tinggi Shah Alam - Perbicaraan Jenayah No. MT(1)45-175-2007: Pendakwa Raya lawan Yap Wai Yenn.(Case introduction by the Hon. Puan Choong Siew Khim);

(e) Mahkamah Tinggi Kuantan - Perbicaraan Jenayah No. 45-4-2006: Pendakwa Raya lawan Ahmad Zuhaidi bin Ali dan Asmiezal bin Ismail.(Case introduction by the Hon. Dato Mohd. Azman bin Husin);

(f) Mahkamah Tinggi Shah Alam - Perbicaraan Jenayah No. 45-72-2005: Pendakwa Raya lawan Azmani bin Che Rose.(Case introduction by the Hon. Dato Hashim bin Hamzah);

(g) Mahkamah Tinggi Shah Alam - Perbicaraan Jenayah No. 45-45-2002: Pendakwa Raya lawan Ong Lock Soon.(Case introduction by the Hon. Datuk Abdul Karim bin Abdul Jalil); dan

(h) Mahkamah Tinggi Shah Alam - Perbicaraan Jenayah No. 45-48-2007: Pendakwa Raya lawan Isidro Leonardo Quito Cruz.(Case introduction by the Hon. Dato Zainal Adzam bin Abd. Ghani).




The Hon. Dato Haji Abdul Halim bin Aman presenting Reasonable Doubt and Evaluation of Evidence at the End of Defence Case

The Hon. Puan Supang Lian presenting Common Intention (Section 34 of The Penal Code)

The Hon. Dato Hashim bin Hamzah presenting Contradiction and Impeachment



Course entitled Appellate Intervention and Revision

A course entitled Appellate Intervention and Revision was held from 6-7 July 2013. The facilitators were the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal, and the Hon. Datuk Zaharah binti Ibrahim, Court of Appeal Judge.

The facilitators of the Appellate Intervention and Revision course were the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal and the Hon. Datuk Zaharah binti Ibrahim, Court of Appeal Judge.

A total of 14 paticipants attended this course comprising 11 High Court judges and 3 Judicial Commissioners. The list of participants is as per Table 10:

Table 10: List of Participants of Appellate Intervention and Revision


1. The Hon. Dato Haji Abdul Halim bin Aman High Court Judge, Johor Bahru

2. The Hon. Dato Mohd. Zaki bin Md. Yasin High Court Judge, Pulau Pinang

3. The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak High Court Judge, Shah Alam

4. The Hon. Dato Ahmad Zaidi bin Ibrahim High Court Judge, Kota Bharu

5. The Hon. Dato Sri Mariana binti Haji Yahya High Court Judge, Kuantan

6. The Hon. Dato Haji Azman bin Abdullah High Court Judge, Kota Bharu

7. The Hon. Dato Haji Zainal Azman bin Abdul Aziz High Court Judge, Muar

8. The Hon. Dato Ahmadi bin Haji Asnawi High Court Judge, Shah Alam

9. The Hon. Dato Zamani bin A. Rahim High Court Judge, Pulau Pinang

10. The Hon. Dato Abdul Rahman bin Sebli High Court Judge, Johor Bahru

11. The Hon. Puan Amelia Tee Hong Geok binti Abdullah High Court Judge, Kuala Lumpur

12. The Hon. Tuan Teo Say Eng Judicial Commissioner, High Court, Johor Bahru

13. The Hon. Dato Mohd. Zaki bin Abdul Wahab Judicial Commissioner, High Court, Kangar

14. The Hon. Tuan Samsudin bin Hassan Judicial Commissioner, High Court, Johor Bahru




The Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal in a picture with the participants of the Appellate Intervention and Revision course.

The participants were divided into 6 groups comprising 4 persons each who presented topics as determined by the facilitators. The topics for each group were as follows:

(a) Group 1

Appellate Intervention on Judicial Review

Presenter:

The Hon. Dato Haji Abdul Halim bin Aman

Members:

1. The Hon. Puan Amelia Tee Hong Geok binti Abdullah

2. The Hon. Dato Mohd. Zaki bin Abdul Wahab

3. The Hon. Tuan Samsudin bin Hassan



(b) Group 2

Appellate Intervention on Sentencing

Presenter:

The Hon. Dato Mohd. Zaki bin Md. Yasin

Members:

1. The Hon. Dato Ahmad Zaidi bin Ibrahim

2. The Hon. Dato Abdul Rahman bin Sebli

3. The Hon. Tuan Teo Say Eng

(c) Group 3

Appellate Intervention on Finding of Facts

Presenter:

The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak

Members:

1. The Hon. Dato Sri Mariana binti Haji Yahya

2. The Hon. Dato Ahmadi bin Haji Asnawi

3. The Hon. Dato Zamani bin A. Rahim

(d) Group 4

Appellate Intervention in Running Down Cases

Presenter:

The Hon. Dato Ahmad Zaidi bin Ibrahim

Members:

1. The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak

2. The Hon. Dato Ahmadi bin Haji Asnawi

3. The Hon. Tuan Teo Say Eng

(e) Group 5

Revisionary Powers of a High Court Judge

Presenter:

The Hon. Dato Haji Azman bin Abdullah

Members:

1. The Hon. Dato Haji Abdul Halim bin Aman

2. The Hon. Dato Mohd. Zaki bin Md. Yasin

3. The Hon. Tuan Samsudin bin Hassan

(f) Group 6

Limits to Appellate Criticism

Presenter:

The Hon. Dato Sri Mariana binti Haji Yahya

Members:

1. The Hon. Puan Amelia Tee Hong Geok binti Abdullah

2. The Hon. Dato Haji Zainal Azman bin Abdul Aziz

3. The Hon. Dato Abdul Rahman bin Sebli




The participants listening to the explanation given by the facilitators during the Appellate Intervention and Revision course.



Judicial Seminars

In 2013, a Seminar for Judges of the Federal Court and Court of Appeal was held for the first time from 15-118 Ddecember 2013 in Pulai Springs, Johor Bahru. A total of 32 judges attended this seminar. They were the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice; the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal; the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin, Chief Judge of Malaya; 10 Federal Court Judges; and 19 Court of Appeal Judges.

The Rt. Hon. Tun Arifin bin Zakaria, Chief Justice, the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal and the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin, Chief Judge of the High Court in Malaya during the seminar.




The list of judges who attended the seminar is as follows:

Chief Justice

1. The Rt. Hon. Tun Arifin bin Zakaria

President of the Court of Appeal

2. The Rt. Hon. Tan Sri Md Raus bin Sharif

Chief Judge of the High Court in Malaya

3. The Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin

Federal Court Judges

4. The Hon. Tan Sri Dato Abdull Hamid bin Embong

5. The Hon. Tan Sri Datuk Haji Suriyadi bin Halim Omar

6. The Hon. Tan Sri Dato Ahmad bin Haji Marop

7. The Hon. Dato Hasan bin Lah

8. The Hon. Datin Paduka Zaleha binti Zahari

9. The Hon. Datuk Zainun binti Ali

10. The Hon. Dato Jeffrey Tan Kok Wha

11. The Hon. Dato Sri Haji Mohamed Apandi bin Haji Ali

12. The Hon. Dato Sri Abu Samah bin Nordin

13. The Hon. Datuk Ramly bin Haji Ali

Court of Appeal Judges

14. The Hon. Datuk Abdul Wahab bin Patail

15. The Hon. Datuk Zaharah binti Ibrahim

16. The Hon. Datuk Linton Albert

17. The Hon. Dato Balia Yusof bin Haji Wahi

18. The Hon. Dato Alizatul Khair bin Osman Khairuddin

19. The Hon. Dato Aziah binti Ali

20. The Hon. Datuk Wira Mohtarudin bin Baki

21. The Hon. Dato Abdul Aziz bin Abdul Rahim

22. The Hon. Dato Mohamad Ariff bin Md Yusof

23. The Hon. Dato Mah Weng Kwai

24. The Hon. Datuk David Wong Dak Wah

25. The Hon. Dato Rohana binti Yusuf

26. The Hon. Dato Tengku Maimun binti Tuan Mat

27. The Hon. Dato Haji Zawawi bin Salleh

28. The Hon. Datuk Dr. Hamid Sultan bin Abu Backer

29. The Hon. Dato Seri Zakaria bin Sam

30. The Hon. Dato Abang Iskandar bin Abang Hashim

31. The Hon. Dato Umi Kalthum binti Abdul Majid

32. The Hon. Dato Varghese a/l George Varughese



The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High Court in Malaya in a picture with the Judges of the Federal Court and Court of Appeal during the Seminar for Judges of the Federal Court and Court of Appeal.

Participants listening to a Federal Court Statistics presentation.




The aim of the seminar was to discuss measures needed to improve the management and administrative systems of the Federal Court and Court of Appeal. The seminar was divided into 3 sessions, namely:

First session Presentation of Federal Court and Court of Appeal (i) statistics

Second session Identifying weaknesses in the disposal of cases to (ii) improve the performance of the Federal Court and Court of Appeal. The introduction to issues related to civil cases was presemted by the Hon. Dato Jeffrey Tan Kok Wha, Federal Court Judge, while the introduction to issues related to criminal cases was presented by the Hon. Dato Sri Haji Mohamed Apandi bin Haji Ali, Federal Court Judge. The introduction to issues related to NCvC/NCC cases was presented by the Hon. Datuk Zaharah binti Ibrahim, Court of Appeal Judge; and

Third session The several discussions presented were on Ethics in Open (iii) Court by the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice, Judgment Writing by the Rt. Hon. Tan Sri Md Raus bin Sharif and Format for Submissions by Lawyers by the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin, Chief Judge of the High Court in Malaya.

Some of the participants of the Seminar for Judges of the Federal Court and Court of Appeal.

At the end of the seminar several suggestions were agreed upon for implementation to improve the management and administrative systems in both the Federal Court and Court of Appeal.



INTER-AGENCY JOINT PROGRAMMES

In 2013, the Judicial Academy expanded its network by working with Bank Negara Malaysia (BNM) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA) in organising courses for judges.

3 programmes were held as follows:

Islamic Finance Workshop Series for Judges: Managing Islamic Banking (i) Cases

The Construction Industry Payment and Adjudication Act 2012: The Role of (ii) the Court

Construction Law: Issues and Challenges(iii)

Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases

The Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases, which is a collaboration for the first time between the Judicial Academy and BNM, was held from 28-29 June 2013. A total of 85 participants comprising 56 Judges from the Federal Court, Court of Appeal, High Court and Judicial Commissioners as well as 29 Legal Officers attended this workshop.

The Rt. Hon. Tun Arifin bin Zakaria, Chief Justice, YBhg. Tan Sri Zeti Akhtar Aziz, Governor of Bank Negara Malaysia, YABhg. Tun Abdul Hamid bin Mohamad, former Chief Justice, the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal, the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin, Chief Judge of the High Court in Malaya in a picture with the participants of the Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases workshop.




A picture of some of the lecturers during the Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases workshop.

The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High Court in Malaya and participants of the Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases workshop.

The objective of this workshop was to expose judges to the current issues and major challenges faced by Islamic banking institutions in relation to the law. As such, the workshop was structured to discuss salient aspects in managing Islamic banking cases as follows:

A total of 10 speakers who are specialists in their respective fields of Islamic Finance / Law were invited to speak at the workshop as follows:

(i) YABhg. Tun Abdul Hamid Mohamad, former Chief Justice and Chairman, Law Harmonisation Committee of Bank Negara Malaysia;

(ii) The Hon. Dato Rohana Yusuf, Court of Appeal Judge;

(iii) The Hon. Dato Haji Mohd. Zawawi Salleh, Court of Appeal Judge;

(iv) Dr. Asyraf Wajdi Dato Dusuki, Yang Dipertua of the Yayasan Dakwah Islamiah Malaysia (YADIM);

(v) Prof. Dr. Engku Rabiah Adawiah Engku Ali, Lecturer, International Islamic University;

(vi) Assoc. Prof. Dr. Aznan Hassan, Lecturer, International Islamic University;



(vii) Mr. Mohamed Ridza Abdullah, Managing Partner, Messrs. Mohamed Ridza and Co.;

(viii) Mr. Rafe Haneef, Chief Executive Officer, HSBC Amanah Malaysia;

(ix) Dr. Mohd. Daud Bakar, Chairman, Syariah Advisory Council, Bank Negara Malaysia; and

(x) Mr. Wan Mohd. Nazri Wan Osman, Director, Islamic Banking and Takaful Department, Bank Negara Malaysia;

This programme was officiated by the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice. Also in attendance was YBhg. Tan Sri Zeti Akhtar Aziz, Governor of Bank Negara.

The Rt. Hon. Chief Justice and the Governor of Bank Negara during the officiating ceremony.

The Rt. Hon. Chief Justice officiating at the Islamic Finance Workshop Series for Judges: Managing Islamic

Banking Cases workshop.




The lecture topics and discussion panels were as follows:

(i) Session 1 - Fundamentals of Islamic FinanceBy Dr. Asyraf Wajdi bin Dato Dusuki

(ii) Session 2 - Key Shariah Contracts for Islamic Finance - 1By Prof. Dr. Engku Rabiah Adawiah binti Engku Ali

(iii) Session 3 - Key Shariah Contracts for Islamic Finance - 2By Assoc. Prof. Dr. Aznan bin Hasan

(iv) Session 4 - Sukuk By Mr. Rafe Haneef

(v) Session 5 - Corporate BankingBy Mr. Mohamed Ridza bin Abdullah

(vi) Discussion Panel 1 Islamic Banking Infrastructure

(a) Islamic Financial Services ActBy Encik Wan Mohd Nazri bin Wan Osman

(b) Some Observations on Settlement of Disputes in Islamic Finance Cases, SAC, Order 42 Rule 12A ROC 2012 and Ibra By YABhg. Tun Abdul Hamid Mohamad

(c) Shariah Ruling Ascertainment ProcessBy Dr. Mohd. Daud Bakar

(v) Discussion Panel 2 Managing Islamic Banking Cases

(a) The Hon. Dato Rohana binti Yusuf

(b) The Hon. Dato Haji Mohd. Zawawi bin Salleh



The Rt. Hon. Chief Justice and the Rt. Hon. Chief Judge of the High Court in Sabah and Sarawak with the lecturers of the The Construction Industry Payment and Adjudication Act 2012: The Role of the Court seminar.

The Rt. Hon. Chief Justice officiating at the The Construction Industry Payment and Adjudication Act 2012: The Role of the Court seminar.

The Construction Industry Payment and Adjudication Act 2012: The Role of the Court Seminar

This programme is a collaborative effort by the Judicial Academy together with the KLRCA and the Office of

the Chief Registrar of the Federal Court. The programme was officiated by the Rt. Hon. Tun Arifin bin Zakaria,

Chief Justice.




For this programme, KLRCA had invited 2 foreign speakers who are experts in their respective fields of construction law namely, Mdm. Rashda Rana from Australia and Mr. Adrian Hughes QC from the United Kingdom. Ir. Harbans Singh, an arbitrator who specialises in construction law and alternative dispute resolution, was also invited as facilitator in this seminar. The 59 particpants comprised 41 High Court Judges and 18 Judicial Commissioners. Also in attendance were 56 Judicial Commissioners.

This seminar was divided into 8 sessions and the issue discussed were as follows:

(a) Session 1 - The Framework of the CIPAA : The Legislation Overview

(b) Session 2 - How CIPAA works

(c) Session 3 - Special Features of Construction Contracts

(d) Session 4 - Special Features of Construction Contracts (Sambungan)

(e) Session 5 - Basis for Court involvement: When things go wrong/Challenges

(f) Session 6 - Basis for Court involvement: When things go wrong/Challenges (Sambungan)

(g) Session 7 - Discussion of the Decision Maing Process

(h) Session 8- Review of Mock Adjudication Determination

Some of the participants of the The Construction Industry Payment and Adjudication Act 2012: The Role of the Court seminar.

The Rt. Hon. Chief Justice and the Rt. Hon. Chief Judge of the High Court in Sabah and Sarawak and participants of the The Construction Industry Payment and Adjudication Act 2012: The Role of the Court seminar.



Construction Law: Issues and Challenges Workshop

The Construction Law: Issues and Challenges Workshop was held from 10-11 October 2013. It is the second collaboration with the KLRCA. This workshop was facilitated by Ir. Harbans Singh, an arbitrator who specialises in construction law and alternative dispute resolution.

The Rt. Hon. Chief Justice officiating at the Construction Law: Issues and Challenges workshop.




A total of 19 judges attended this meeting and the list of participants who attended this workshop is as per Table 11.

Table 11: List of Participants of the Workshop on Construction Law: Issues and Challenges

No. Nam;e Position and Place of Work

1. The Hon. Dato Alizatul Khair binti Osman Khairudin Court of Appeal Judge

2. The Hon. Dato Abdul Aziz bin Abdul Rahim Court of Appeal Judge

3. The Hon. Dato Haji Mohd. Zawawi bin Salleh Court of Appeal Judge

4. The Hon. Dato Mohamad Zabidin bin Mohd. Diah High Court, Shah Alam

5. The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak High Court, Shah Alam

6. The Hon. Dato John Louis OHara High Court, Kuala Lumpur

7. The Hon. Tuan Vernon Ong Lam Kiat High Court, Shah Alam

8. The Hon. Datin Zabariah binti Mohd. Yusof High Court, Seremban

9. The Hon. Datin Yeoh Wee Siam High Court, Kuala Lumpur

10. The Hon. Dr. Prasad Sandosham Abraham High Court, Shah Alam

11. The Hon. Datuk Hasnah binti Dato Mohammed Hashim High Court, Kuala Lumpur

12. The Hon. Dato Nik Hasmat binti Nik Mohamad High Court, Kuala Lumpur

13. The Hon. Datuk Hanipah binti Farikullah High Court, Kuala Lumpur

14. The Hon. Dato Zakiah binti Kassim Judicial Commissioner, High Court, Alor Setar

15. The Hon. Puan See Mee Chun Judicial Commissioner, High Court, Shah Alam



18. The Hon. Datuk Wira Kamaludin bin Md. Said Judicial Commissioner, High Court, Kuala Lumpur

19. The Hon. Tuan Abu Bakar bin Jais Judicial Commissioner, High Court, Kuala Lumpur



Workshop participant the Hon. Puan See Mee Chun directing a question to the facilitators.

The facilitator Ir. Harbans Singh during the Construction Law: Issues and Challenges workshop.

The workshop was divided into 8 modules that emphasised the main issues commonly encountered in the construction industry. Those modules are as follows:

(a) Module 1 : Project Implementation

(b) Module 2 : Contract Procurement Methods

(c) Module 3 : Commencement and Design Development

(d) Module 4 : The Tender and Contract Formation Process

(e) Module 5 : Contract Implementation

(f) Module 6 : Financial Issues

(g) Module 7 : Non-Completion and Effects

(h) Module 8 : Completion and Finalization

Overall, the judges were of the view that the courses organised achieved their respective objectives, met with their expectations and was successful in increasing their understanding of technical issues unique to the construction industry, Islamic banking and law.




The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High Court in Malaya and participants of the Judicial Outreach Programme.

Judicial Outreach Programme

The Rt. Hon. Chief Justice is credited with initiating the Judicial Outreach Programme. The objectives of the outreach programme are:

to build esprit de corp;(i)

to emphasise the importance of caring for the environment;(ii)

to better understand the laws of specific areas; and(iii)

to facilitate the exchange of ideas among participants.(iv)



The Rt. Hon. Chief Justice with group members during the Team Building activity.

The Rt. Hon. President of the Court of Appeal with group members during the Team Building activity.

The Rt. Hon. Chief Judge of the High Court in Malaya with group members during the Team Building activity.

62




The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High Court in Malaya and participants of the Judicial Outreach Programme listening to a talk presented by the Malaysian Maritime Enforcement Agency (MMEA).

Apart from judges who are selected, the Chief Justice, the President of the Court of Appeal and both the Chief Judges also attends each outreach programme.

In 2013 the Outreach Programme was held in Gemia Island, Marang, Teregganu from 6-8 September 2013 and included 30 participants. The activities in the programme this time invovlved physical endurance, team building and creating awareness towards caring for the environment, flora and fauna as well as the relevant laws applicable. A talk was also given by a representative from the Malaysian Maritime Enforcement Agency (MMEA) on issues and challenges faced in maritime enforcement in Malaysia.




OFFICE OF THE SECRETARYJUDICIAL

APPOINTMENTSCOMMISSION




INTRODUCTION

The Office of the Secretary of the Judicial Appointments Commission is responsible for carrying the decisions of the Judicial Appointments Commission including affairs relating to administration, service and finance. At the helm of the secretariat is the Secretary, a PTD officer at Grade JUSA B and 13 other permanent positions.

Each year has seen the functions of the Office of the Secretary expand in line with section 19(3) of the Judicial Appointments Commission Act 2009 (Act 695) such as the managing of the Judges Declaration of Assets, amendments to the Judges Remuneration Act 1971 (Act 45), as secretariat to the Judicial Academy preparing more organised training for superior court judges and managing the candidature for State and Federal awards to judges.

As a result of the expansion to its functions, there was a structural reorganisation of the Office of the Secretary via Warrant No.A149 of 2012 dated 25 July 2012 effective 16 July 2013. The reorganisation did not involve any increase in manpower. It was carried out to strengthen the organisational structure of the Office of the Secretary to face more complex responsibilities which are constantly evolving.

The structure of the Office of the Secretary of the Judicial Appointments Commission after the restructuring exercise is as follows:

JAC Organisation Chart

DATUK HAMIDAH BT. KHALID

DEPUTY SECRETARY

SECRETARY

OFFICE SECRETARY

OFFICE SECRETARY

WAN KHAIRILANWAR B. WAN MUHAMMAD

APPOINTMENTS ANDINTERNATIONAL RELATIONS

UNIT

HASLINDA BT. MOHAMMAD TAJUDIN

RESEARCH ANDPUBLIC RELATIONS UNIT

KEVIN GEH KIEN MENG

INFORMATION TECHNOLOGYUNIT

HUMAN RESOURCE, INNOVATION

AND ADMNISTRATION UNIT

EXECUTIVE OFFICERROKIAH BT. ABDULLAH

ADMINISTRATIVE ASSISTANT(CLERICAL/OPERATIONS)

IDRIS B. HJ MOHD YUSOFF

DRIVERSONID B. NURUDDIN

OFFICE ASSISTANTNOR MOHD FAREEZ B. NORDIN

FINANCE UNIT

PRINCIPAL ASSISTANT SECRETARY (K)NIK AHMAD ZAHIRUDDIN B. NIK SALEH

ADMINISTRATIVE ASSITANT(FINANCE)

MAZIYATUN BT. MOHAMAD

ASSISTANT INFORMATION TECHNOLOGY OFFICER

NURUL HUDA BT. ZAINI @ NORANI

ROSILAWATI BT. ISHAK

WAN SITI KHADIJAH BT. WAN MOHMAD

SENIOR PRINCIPAL ASSISTANTSECRETARY (L)

PRINCIPAL ASSISTANT SECRETARY (R)



FINANCIAL ALLOCATION

In 2013, an allocation of RM2,498,100 was approved for this Office. It included emoluments which is made up

of allowances and repayments at RM1,338,400, training at RM202,012.04 as well as services and supplies at

RM957,687.96. The breakdown as received is as follows:

ALLOCATION

Training RM202,012.04

Allowances and RepaymentsRM1,338.400

Services and SuppliesRM957,687.96




WORKING VISITS OVERSEAS

In order to expand on and develop a working relationship with foreign training institutes, a working visit overseas was organised in 2013. This working visit to London from 15-18 January 2013 was led by the Hon. Dato Mah Weng Kwai, Court of Appeal Judge, as a committee member of the Judicial Academy who was accompanied by 2 officers from the Office of the Secretary of the Judicial Appointments Commission.

The places visited were the Supreme Court Office, the Judicial Appointments and Conduct Ombudsman, the Judicial College London and the Judicial Appointments Commission (JAC).

The Hon. Dato Mah Weng Kwai also attended a seminar entitled Public Family Law in Northamptonfrom 15-16 January 2013 which was organised by the Judicial College London.

The working visit to the Judicial Appointments Commission (England and Wales) on 18 January 2013 was led by the Rt. Hon. Chief Justice who was in London at that time for another official function. The purpose of the visit to the JAC was:

(i) to look at the process of candidature, selection and appointment of superior court judges in the United Kingdom; and

(ii) to indentify best practices to be applied to the procedure for selecting superior court judges in Malaysia.

As a result of this visit, it was found that judges in the United Kingdom are observed and assessed on the aspects of intellectual ability, integrity in decision making, ability to understand and judge, ability to communicate especially with parties to a case and hearing, capability and efficiency in court.



A discussion session between the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice and representatives of the Judicial Appointments Commission, London.

The Hon. Dato Mah Weng Kwai and officers of the JAC Secretarys Office (Malaysia) with Judge John Philips and Prof. Jeremy Cooper from the Judicial College London.

Officers from the JAC Secretarys Office (Malaysia) with Ms. Jenny Rowe,

Chief Executive Supreme Court.

From left: John Rodley, Director of Operational Serivces, The Rt. Hon. Tun Arifin bin Zakaria, Chief

Justice, Mr. Christopher Stephens, Chairman, Judicial Appointments Commission (England and

Wales) and the Hon. Dato Mah Weng Kwai, Court of Appeal judge.

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judicial appointments commission annual report 2013

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senior judges

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