The Malaysian High Court in Bakri Mohamad Ali v PP [2010] 1 CLJ 610 has finally judicially defined and explained a phrase that has vexed Malaysians for some time. Let us now rejoice and use it with new found confidence and variations.
Posted inJudging the Judges
Ducking at the Court of Appeal?
Amer Hamzah Arshad (with Fahri Azzat in support) continues LoyarBurok’s well-taken trademark tirade against the practice of Malaysian judges who duck writing judgments on important constitutional law issues.
Posted inLand HO!
Landowners still not fully secure
The recent Federal Court decision has righted an egregious error in the law. But landowners can still be swindled out of their properties.
Posted inTalking about Lawyers
Invictus: Moving the Call of Aston Phillip Paiva
A reproduction of the approximate speech I had the honour of delivering on the occasion of Mr. Aston Phillip Paiva’s call to the Bar on 21 August 2009 before Justice Tuan Mohamad Ariff Bin Md. Yusof.
Posted inTalking about Lawyers
Cogitating the Court Cafeteria
If you thought that court canteens are only a place to eat, drink and buy the newspaper, think again. The court canteen is one of the most exciting place for a litigator. It is not just a place for repast but for learning, friendship and thanks.
Posted inBolehland
Che Det: Mahatir’s Man in the Mirror
Loyarburok is pleased to present to you the winning essay for the Elawyer Blog Writing Contest 2009 organised by www.elawyer.com.my.
Posted inThe Lobby
Semua anak kita; ngapa harus beza?
Saya Anak Bangsa Malaysia Roadshow & Forum Klang Valley.
Saturday, 23 January 2010. 2 pm -7 pm.
KL & Selangor Chinese Assembly Hall.
Posted inSelected Judgments
Can landed property be validly transferred land using a forged instrument?
All eyes will be on the Federal Court this Thursday as it delivers a major decision whether to end nine years of gross injustice caused by the 2000 decision of the Federal Court in Adorna Properties Sdn Bhd v Boonsom Boonyanit (“Adorna Properties”) or to follow and further entrench Adorna Properties in the laws relating to property sales by forgers in this country. It is one case which will be closely watched by property owners and conveyancers both within and without this country.
Posted inBolehland
Nazri’s Offer of a Way Out: A Commentary
A commentary on Nazri’s compromise on the ‘Allah’ issue from a more holistic appreciation of the Abrahamic faiths.
Posted inBolehland
The Thoughts of a Politically Awakening Citizen
A citizen of Malaysia retraces the path of her ongoing political awakening and considers the importance of the Federal Constitution to our lives.
Posted inTalking about Lawyers
To Dis the Robe or Keep it On?
On 16 January 2010, the Chief Justice in his speech at the Opening of the Legal Year 2010 has called for opinions on whether we should retain our robes, bands, and whatsits as our legal attire. I managed to find the email I posted to the Rostrum, an email based forum I moderate along with Mr. K. Shanumga, where I argued for its continuation from the perspective of an appreciation of history.
Posted inSelected Judgments
The ‘Allah’ Issue: High Court Grounds of Judgment
The High Court grounds of judgment of the Titular Roman Catholic Archbishop of Kuala Lumpur v 1. Menteri Dalam Negeri 2. Kerajaan Malaysia, Kuala Lumpur High Court Judicial Review: R1 – 25 – 28 – 2009 is available here.
Posted inJudging the Judges, Talking about Lawyers
Reminiscing the Call to the Bar
A discussion, remembrance and so a peak at the long calls as it used to be practised in the High Courts of Malaysia after reading ‘A Meditation about Moving by an Occasional Mover.’
Posted inBolehland
Those Bloody Banks, Credit Card Companies and Bank Negara!
A consideration of the recent High Court decision of Diana Chee Vun Hsai v Citibank Bhd [2009] 6 CLJ 774 about whether the Bank Negara Guidelines BNM/RH/GLO-041-01 (with regards to credit cards) has the force of law and whether banks are limited to only claiming RM 250.00 for unauthorized transactions when you lose your credit card. Kalvathy Maruthavanar’s paper ‘Internet Banking – A boon or a bane? A study on the legal issues relating to internet banking in Malaysia’ is also considered.
Posted inBolehland
Criminalizing Liberty (Fourth Segment)
In the previous segment, we considered the the constitutional validity of Section 54. I shall now conclude with a consideration of Malaysia’s representations to the world, its international human rights obligations and the legitimate expectation of the people of Malaysia as well as other ancillary matters.
Posted inSelected Exhortations
KRISIS PERAK BUKA MINDA RAKYAT
Ini adalah artikel kedua Amer Hamzah Arshad (salah seorang LoyarBurok) dalam kolum “Paksi Kata” di akhbar Suara Keadilan yang menyentuh mengenai krisis perlembagaan negeri Perak dan kepentingan perlembagaan di dalam kehidupan seharian. Ianya juga menerangkan mengapa rakyat seharusnya menghadiri pelancaran Fasa 2 Kempen PerlembagaanKu “Institusi Perlembagaan & Pemisahan Kuasa” pada Januari 15, 2010 di Sunway University College, pukul 4 petang.
Posted inBolehland
Stealing from the Prosecution
On 12 January 2010, there was a report in the Malay daily, Kosmo, about a theft of police investigation papers and notes of proceedings relating to an accused person who is currently on trial for an offence under section 39A(1) of the Dangerous Drugs Act 1952 for possession of drugs that occurred at the Ampang Magistrates Cour.
Posted inExpress Yourself
The Battle in Truoc (Part 2)
All work and no play makes Jill a dull girl. All fierce opinions and no fun ones makes LoyarBurok too serious a blawg. We are therefore please to conclude this timely and relevant allegorical tale here.
Posted inExpress Yourself
Plain English in Law and with Clients
A lamentation of the legal language used in Malaysian legal documents and the law, and a typical Malaysian client’s reaction to an attempt to use plain English in contractual documents.
Posted inSelected Exhortations
Persepsi salah yang perlu diubah
Amer Hamzah Arshad dalam kolum “Paksi Kata” di akhbar Suara Keadilan terbitan minggu ini, menerangkan mengapa rakyat seharusnya menghadiri pelancaran Fasa 2 Kempen PerlembagaanKu “Institusi Perlembagaan & Pemisahan Kuasa” pada Januari 15, 2010 di Sunway University College, pukul 4 petang.