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Showing posts from February, 2013

Attention e-commerce Businesses: Fraud, the Law and You

by Foong Cheng Leong E-COMMERCE is booming in Malaysia. Euromonitor International estimated that Internet retailing in Malaysia reached RM842 million (US$268.3 million) in 2011; Goldman Sachs forecasts that e-commerce in Malaysia is projected to hit RM3.4 billion (US$1.1 billion) this year with a 30% year-on-year growth. Notwithstanding such growth, online fraud is rampant in Malaysia. If you scour our online auction or listing websites, you'll find many dodgy sellers and buyers selling or offering to buy products and services. But the long arm of the law recently caught Mohd Yunus Jan Muhammad for approaching six victims who had advertised to sell their gadgets through an Internet trading portal, by posing as a customer and setting up appointments. At these meetings, he would grab the merchandise and flee. He was sentenced to one year’s jail. The Court also fined and imposed a whipping on Mohd Yunud. Sometime in 2011, the Ministry of Domestic Trade, Co-operatives and Con

KLBC Activities Report for January 2013

5 January 2013 KLYLC-MCCHR Public Interest Litigation Workshop The KL Bar Young Lawyers Committee (KLYLC) established a Public Interest Litigation Unit (PILU) in association with the Malaysian Centre for Constitutionalism and Human Rights (MCCHR). In line with this, a series of formal workshops have been organised for members of PILU on the basics of strategic public interest litigation, free of charge, to prepare interested young lawyers to handle the demands of such cases and to encourage the use of strategic litigation to promote human rights. The last session for the term was held on 5 January 2013 from 09.30am to 2.30pm at the Raja Aziz Addruse Auditorium. The workshop was attended by 19 participants who were trained by New Sin Yew, Kirsty Lim and Edmund Bon. Click here to view the photos. 8 January 2013 Pupils Introduction Session Organised by the KL Bar Pupils Welfare Committee, the introduction session for January was held on 8 January 2013. The session, att

The duty of the Torrens Conveyancing Solicitors

Contributed by Ally Chong Wai Kuan The public’s general view of a lawyer is divided into two, the court room lawyer and the office lawyer. The office lawyer are generally called by laymen as the “sale and purchase agreement solicitors” (“SPA’s solicitors”). This paper attempts to make an effort to educate the public that office lawyers are not the SPA’s solicitors, instead they are the officers of court who seek to educate, advocate and promote the Torrens principle of conveyancing and to ensure the “Torrens interest acquirer an  unchallengeable concept of indefeasibility statutory protection. The Introduction The land law in West Malaysia is governed by the National Land Code 1965.  This statutory Code is divided into twenty eight parts. Each part is then divided into different Chapters. The Torrens system of registration has been welcomed by the public at large in Malaysia . The Torrens conveyancing system has made it to the world at large to identify the propriet

IT Tip for February 2013 - Firing Up Your Legal Practice with the iPad

The iPad is the single best gadget you could purchase to improve your productivity and effectiveness as a lawyer. This is from a litigation point of view. This aim of this article is to give you a summary of what can be done as well as to provide some guideposts should you take the plunge and join the digital revolution. First question: Which iPad should I get? Get the latest one with the Retina display. Your eyes will love you for it. The price difference between it and the iPad2 is negligible. Next, the case / cover: You should get a good case that can double as a stand. I use the Targus Versavu which allows the iPad to stand in both landscape and portrait mode. This versatility is useful. A stylus, that also contains a pen, should be added also because you’ll still need to write on hardcopy documents, and the stylus is absolutely necessary when you’re highlighting or underlining texts – this is especially true if you have large fingers. An importan

Sexual Harassment Awareness

Code of Practice on the Prevention and Eradication of Sexual Harassment in the Workplace ("the Code") Regulation of members of the Bar within the legal profession and in dealings with the judiciary and courts Click here to read. Putting the spotlight on Sexual Harassment An essential element of sexual harassment is that the conduct is unwelcome, as seen from the victim’s perspective. It is important to clearly let the harasser know that certain actions are unwelcome and unacceptable. If you believe that you are the victim of sexual harassment (for example, crude/offensive behaviour, unwanted sexual attention, sexual coercion and sexual assault) in the workplace or in court, don’t ignore the problem. Take action here . To generate greater awareness amongst members, the KL Bar Practitioners’ Affairs Committee will be issuing a series of monthly e-blasts on the Myths and Misconceptions of Sexual Harassment. This is the first in the series. Myth : Most charges