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KLBC Activities Report for December 2013

4 December 2013 Pupils Introduction Session Organised by the KL Bar Pupils Welfare Committee, the introduction session for December was held on 4 December 2013. The session, attended by 77 pupils, was led by Vince Chong. Pupils were briefed on the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (“KLBC”) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period and members of the KLBC were on hand to provide input and possible solutions. Amongst the issues raised by the pupils at this session were pupil’s allowance, heavy workload, unfriendly staff at the RKKK (Petition) Registry and pupils only being able to find out if their papers were in order for the s.36(2) LPA application on the day of the hearing itself and not earlier. 6 December 2013 KL Bar Monthly Social Get-together About 15 lawyers gathere...

ARTICLE: Limited Liability Partnership: An alternative business structure

By Foong Cheng Leong Prior to the introduction of this Act, entrepreneurs who wished to do business had to either register themselves as a sole proprietor/ partner or a body corporate. The new Limited Liability Partnership Act 2012 introduces an alternative business vehicle namely, a Limited Liability Partnership (LLP), offering a hybrid of characteristics between a conventional partnership and a company. According to the Companies Commission of Malaysia (CCM), LLP features the protection of limited liability to its partners similar to the limited liability enjoyed by shareholders of a company coupled, with the flexibility of internal business regulation through partnership arrangement similar to a conventional partnership. Any debts and obligations of the LLP will be borne by the assets of the LLP and not that of its partners’. An LLP has the legal status of a body corporate which is capable of suing and being sued in its own name, holding assets and doing such other a...

KLBC Activities Report for November 2013

12 November 2013    PAC-PDC FREE Talk on ‘How to Report Sexual Harassment - Breaking the Wall of Silence’ Jointly organised by the Practitioners Affairs Committee and the Professional Development Committee, Janice Anne Leo Selvanathan from Messrs Shook Lin & Bok presented the talk which was held at the KL Bar Auditorium at 3:00 pm on 12 November 2013. The talk was attended by 57 participants. The talk covered the following areas: "What is sexual harassment - understanding the Code", "Who is susceptible?", "What to do when you have been sexually harassed?", "What actions can be taken by your employer?" and "If your employer fails to take any action - what are your options?".   13 November 2013 Discussion with the Supervising Judge of the KL Subordinate Courts The Co-Chairpersons of the Civil Practice Committee, HR Dipendra and Arunachalam Kasi had a discussion with Puan Rohani Binti Ismail, the Supervising Judge of t...

ARTICLE: The Viability Of The Malaysian Computer Crimes Act In Defining 'Computers' In The Modern Malwareinfested Environment

By Rizal Rahman* Abstract: Defining "computers" without taking into consideration the future implications of such a definition has created a divide between law and new ICT innovations. The definition provided for in the Malaysian Computer Crimes Act 1997 takes the similar form as the one in the Computer Fraud and Abuse Act of the United States, but uses the conjunctive "and" instead of "or". While it was observed as a drawback years after the Computer Crimes Act 1997 was passed, it had not been considered as being fatal to the application of the Act. This was mostly due to the fact that computers in the era were limited to desktop computers and laptops with features befitting the definition. At the same time, the usage of computers was not as widespread as today on the reason of affordability and awareness. Deployment of traditional malware (viruses, worms and Trojans) for ulterior purposes was rather limited to professional hackers with skills on...