We should stop dancing around an inevitable admission: Malaysian corruption laws have failed. Enforcement has failed. Look at the Najib Pardon case; or the ‘Lorry Stickers’ fiasco. Corruption has been ‘formalised’. It has thrived, for 68 years, in a ‘parallel' system 'monetised' by those who have power to open doors. Why not force it into the open? Why not decriminalise it? Why not ask for tax relief for bribes paid? ...
Read MoreCould the King – or the Pardons Board – insert an Addendum into a Pardon?
The answer is, No. Why? Since the Najib saga began, the Addendum has been, in Churchill’s words, “a riddle wrapped in a mystery inside an enigma”. In my opinion, the key reasons are: [1]: Pardons cannot be granted ‘in instalments’. [2]: Accepted rules of constitutional interpretation do not at all point to any 'House Arrest' orders (a new Act of parliament is required for that!); and no precedent exists. [3]: ...
Read MoreJuxtaposed Realities: Stories of Faith, Betrayal, and Justice
This piece is written by Mr. UK Menon, a law teacher and administrator.
Read MoreIf you are a lawyer, this is for you. Advocates and solicitors often get cheated out of their fees. Last year, I had to contend with a similar complaint. I heard a story of how a Malaysian advocate, Mr. Gana Naidu, had fought off such a case. Gana argued – successfully - that he had an equitable lien over the judgement sum. We met. He showed me an old case. ...
Read MoreThe number of motor vehicle accidents have increased alarmingly. Over almost a century, a set of laws evolved. They protect and – even compensate – road accident victims. In Malaysia, this set of laws are in the Road Transport Act 1987 and the Financial Services Act 2013.
Read MoreMalaysia's population is 34 million. Strangely, there are 36 million private vehicles. On average: every day, 1,600 road accidents occur. Fifty percent involve motorcycles. And 17 people die daily. Shouldn't you be more careful? What should you do in an accident?
Read MoreIs litigation being used to siphon off government monies and side-step corruption laws?
This is not a story of the Najib government's machinations. It is about an older system that exploits power. Can you see a recognisable pattern here?
Read MoreWhat is Johore’s constitutional position within Malaysia?
The answer comes from history and the Constitution itself. Ready for some stories?
Read MoreCan a negligent hospital dictate how its patient should spend the court-awarded compensation?
Suppose a hospital is negligent. The patient sues the hospital. The court awards compensation. Should the hospital dictate how and when the victim should spend the compensation money?
Read MoreShould private hospitals be better regulated?
Do you think you are paying more to your private medical hospital - more than you should? Do you feel some medical tests are unnecessary?
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