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Does a High Court judge possess inherent discretionary authority to proceed with a hearing notwithstanding the Attorney General’s discontinuation of a prima facie case?

  Introduction In Malaysia, the concept of inherent jurisdiction, or inherent power, is not a faculty bestowed by statutory enactment but rather an inherent attribute stemming from the fundamental nature of a court, which empowers it to redress injustices and ensure the administration of justice. Consequently, while it remains indisputable that the High Court possesses[Read More]

“Exploring the Controversy: Assessing Parliamentary Privilege enjoyed by Members of Parliament in Light of Business Community Defamation”

The phrase “Parliamentary Privilege” can be misleading, suggesting that lawmakers are exempt from the law. However, its true purpose is to shield them from interference by the executive or anyone attempting to use the courts to hinder their work in Parliament. It aims to safeguard their activities as parliamentarians, preventing legal obstruction either pre-emptively or[Read More]

E-money Overview

The Covid-19 Pandemic has undoubtedly accelerated the growth of the electronic commerce (“e-commerce”) industry and the rise of cashless transaction in Malaysia. Cashless payment method including payments made via electronic money (“e-money”) was highly encouraged during the Covid-19 outbreak as it can effectively avoid physical contacts and facilitate social distancing. In fact, even before the[Read More]

Laws on Franchising 101

By Gan Jer Nynn & Dickson Loo   Introduction How is McDonald’s (“McD”) so successful? While due credit should be given to their iconic crispy fries, their franchising programme also played a vital role in the expansion and development of the McD brand worldwide. In fact, according to McD’s website, its franchising programme is so[Read More]

Asset Management in Malaysia

By Dickson Loo & Joseph Cheah   Introduction ‘Asset management’ or ‘capital market activities’ are general terms used to describe a plethora of exercises, including dealings with securities, private retirement schemes, and financial planning. How exactly are these activities governed in Malaysia? What safeguards are afforded to investors and the general public? In this article,[Read More]

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