FORWARD 2021

FORWARD

by Messrs Clarissa Wong & Partners

2021 EDITION ISSUE' 01

"We may seem small now, but from a small seed a mighty trunk may grow" cwplegal.com

TABLE OF CONTENTS 01 OVERVIEW Editor's Note

03

02 LEGAL HIGHLIGHTS (1ST HALF) January February March April May June

05 08 09 11 13 16

03 LEGAL HIGHLIGHTS (2ND HALF) July August September October November December

17 19 21 23 25 27

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Young, Pragmatic and Dynamic.

Our team has come together to produce this bulletin dedicated to all that are allies to the brave, young, courageous and innovative entrepreneurs.

Without your support and love, we would be nothing but a fragment of our dreams.

New Ideas Call For New Blood

03

EDITOR'S NOTE

We have noticed that two things

Instead of wishing the years to

happen when you live through

pass quicker and the clock

an era of rapid change, as we are

hands to spin faster, we have

now.

an

decided to capitalize our youth.

artistic

With youth, comes this hunger

Firstly,

there

inevitable

surge

creativity

and

misfits,

the

of

is

second

contrarians,

the

to grow and energy to push

the

ourselves to produce not just

underdogs and the anti-heroes come

into

their

own.

good, but great results.

We

witness alongside ourselves the

We thank all for the support

rise of young entrepreneurs:

we've received this year and

those who don't play by the

look FORWARD to serving you

normal rules, who flourish in

better next year!

chaotic, unpredictable times and welcome

uncertainty

without

fear.

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Legal Highlights of 2021:

JANUARY EMPLOYMENT LAW: AMENDMENT TO THE

Following the Proclamation of Emergency, the Emergency

INDUSTRIAL RELATIONS ACT 2020

(Essential Powers) Ordinance 2021 was issued on 14 January 2021 (“Emergency Ordinance 2021”). Through

The Industrial Relations (Amendment) Act 2020 was

Emergency Ordinance 2021, an independent special

gazetted and came into effect on 1st January 2021. The first

committee was set up to advise YDPA on the grave

key amendment of the Amendment Act included that an

emergency threatening the security, economic life and

employer or employee can be represented by any person of

public order of Malaysia arising from the COVID-19

their choice, except lawyers during a conciliation process

pandemic.

and any complaint where conciliation has failed will be referred to Industrial Court automatically. Secondly, the Industrial Court may continue unfair dismissal proceedings despite the death of the claimant and may award backwages and compensation in lieu of reinstatement to the next-ofkin of the claimant.

an appeal to High Court to challenge the Industrial Court's decision Fourthly, employees of statutory bodies have the right to file for representation for unfair dismissal. Lastly, the Industrial Court may impose interest up to 8% per annum to an award, and the penalty of non-compliance with an award has now been increased to a fine not exceeding RM50,000.00.

LAW:

IN PJD REGENCY SDN BHD’S CASE The Federal Court on 19 January 2021 held in PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah

Thirdly, the Amendment Act now enables the party to file

PUBLIC

PROPERTY LAW: FEDERAL COURT DECISION

PROCLAMATION

OF

and Ng Chee Kuan and Other Appeals that the calculation of the liquidated damages (‘LAD’) for delay in delivery of vacant possession under Schedule G and H of Housing Development (Control and Licensing) Regulations 1989 runs from the date of the payment of booking fee, not the date of sale and purchase agreement. Any rebate or discount granted by the Developer will not be taken into consideration when calculating the LAD. Meanwhile, the Federal Court also ruled that in a late delivery

EMERGENCY BY YDPA

claim

for

common

facilities,

the

date

of

completion of common facilities is the date of issuance of Yang di-Pertuan Agong (“YDPA”) exercised his power under

the certificate of completion and compliance, not the date

Article 150(1) of the Federal Constitution to declare a state

of issuance of certificate of practical completion.

of emergency. The emergency was in

effect from 12

January 2021 to 1 August 2021, with the intention to curb the spread of COVID-19 in Malaysia.

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06

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FEBRUARY TORT LAW: Online Platform Provider Shall Be Liable for Third Party Content

On 19 February 2021, the Federal Court in the case of Peguam Negara Malaysia v Mkini Dotcom Sdn Bhd and Another [2021] 2 MLJ 652 held that Mkini Dotcom Sdn Bhd (“Mkini Dotcom”) was liable for contempt of court in relation to third party comments that was posted on its online news portal “Malaysiakini” even though they had no knowledge of the comments until notified and had promptly removed them.

In this case, Mkini Dotcom had published an article entitled ‘CJ orders all courts to be fully operational from July 1’ to which were attached comments by third party online subscribers, that scandalised the Judiciary in general and the Chief Justice of the Federal Court. Mkini Dotcom had admitted that the comments were offensive, inappropriate, disrespectful and contemptuous. However, Mkini Dotcom argued that it had no knowledge of the impugned comments.

Further, it had implemented a takedown policy, where it would remove or modify comments posted by its subscribers upon receiving a complaint.

The court held that the first respondent depicted itself as the host to the publication and by virtue of Section 114A(1) of the Evidence Act, it was presumed to have published the impugned comments.

Nevertheless, the presumption in Section 114A was a rebuttable one. Rebuttal raised must be on the balance of probabilities. To avoid liability, Mkini Dotcom must have in place a system that was capable of detecting and rapidly remove offensive comments.

It could not just wait to be alerted.

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MARCH ANTI-CORRUPTION LAW: BRIBERY & CORRUPTION

CORPORATE

LIABILITY

FOR

On 18 March 2021, an offshore vessel support company

According to Section 17A, a commercial organization is

was charged under the amended Section 17A of the

deemed to have commit an offence if a person associated

Malaysian

with the commercial organization, including the employees,

Anti-Corruption

Act

2009

(“MACC”)

in

connection with bribery paid to secure a subcontract. It is the first prosecution under this newly introduced provision which imposes corporate liability for the act of bribery and corruption.

directors or anyone who performs services on behalf of the commercial organization, corruptly gives, promises or offers to any person any gratification whether for the benefit of that person or another person with intent to obtain or retain

Prior to the amendment, MACC only focused on the individual liability for bribery and corruption. By the insertion of Section 17A into the MACC, a commercial organization now can be charged with a criminal offence for the act of bribery and corruption.

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business or advantage for the commercial organization.

EMPLOYMENT LAW: FEDERAL COURT RULES THAT SERVICE CHARGE IS NOT PART OF MINIMUM WAGES On 24 March 2021, the Federal Court in Crystal Crown Hotel & Resort Sdn Bhd (Crystal Crown Hotel Petaling Jaya) v Kesatuan Kebangsaan Pekerja-Pekerja Hotel, Bar & Restoran Semenanjung Malaysia [2021] 3 MLJ 466 ruled that basic wages of the employees shall not include service charge, therefore the employers cannot utilize the service charge to meet the minimum threshold for the employee’s minimum wages. Instead, the employers shall pay their employees the service charges collected in addition to their basic wages.

The Federal Court was in the opinion that service charge is a payment in cash payable to an employee for work done under his contract of service. It does not and shall not fall within the definition of ‘basic wages’ as defined in the minimum wage legislation and Section 2 of the Employment Act 1955, therefore basic wages do not include the service charge elements. On the other hand, service charge, being monies collected from third parties, does not belong to the hotel and shall go to the employees. The employers are merely trustees who hold the monies until distribution to the beneficiaries who are the eligible employees.

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APRIL BANKRUPTCY LAW: WINDING-UP DEBT THRESHOLD INCREASED TO RM50,000.00 The Minister of Domestic Trade and Consumer Affairs through the Gazette Notice Prescription of Amount of Indebtedness of Company under Paragraph 466(1)(a) (Gazette Notification No. 4159/2021) has increased the statutory demand threshold for winding-up petitions to RM50,000.00 with effect from 1 April 2021 Prior to the Gazette Notification No. 4159/2021, the statutory demand threshold for winding-up petition was RM10,000.00.

However, in response to the Covid-19 outbreak, the Malaysia Government increased the statutory demand threshold to RM50,000.00 from 23 April 2020 to 31 December 2020. The increased limit of RM50,000.00 was then extended to 31 March 2021 to help the SMEs in Malaysia. Through this Gazette Notification, the threshold for the issuance of a winding up statutory demand is now permanently fixed at RM50,000.00.

TAX LAW: THE TOURISM TAX (DIGITAL PLATFORM SERVICE PROVIDER) REGULATIONS) 2021 The Tourism Tax Act 2017 was published on 01 September 2019 to provide a framework for the imposition and collection of a tourism tax in Malaysia. The Tourism Tax Act was subsequently amended by the Tourism Tax (Amendment) Act 2021 which came into operation on 1 April 2021, together with Tourism Tax (Digital Platform Service Provider) Regulations 2021.

Starting from 1 April 2021, the Digital Platform Providers for online digital

accommodation

booking

platforms

such

as

Agoda,

Booking.com and Airbnb are required to register with the Director General not later than three months prior to 1 July 2021. Any service provider who failed to comply with the registration requirements is liable to a fine not more than RM30,000.00 or to

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imprisonment for a term not exceeding one year or to both.

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MONTHLY LEGAL HIGHLIGHT

MAY CONSTITUTIONAL LAW: DENIAL OF MALAYSIAN CITIZENSHIP TO ILLEGITIMATE CHILD

The Federal Court in the case of CTEB and CWB v Ketua Pengarah Pendaftaran Negara, Malaysia, Ketua Setiausaha Kementerian Dalam Negeri and Kerajaan Malaysia [2021] 6 CLJ 471 held on 28 May 2021 by a split decision of 4 to 3 denied the Malaysian citizenship to a 10-year-old child born to a Malaysian father and a Filipino mother.

The child was born in the Philippines but at the time of his birth, the Malaysian father and Filipino mother were not married. Their marriage was legally registered five months after his birth. An application for citizenship was made but the application was rejected by the National Registration Department. The Malaysian Father subsequently filed a suit in the High Court to apply for the declarations to the effect that the child is a citizen by operation law. However, such application was rejected by both High Court and Court of Appeal.

The majority judges in Federal Court were in the opinion that the citizenship of an illegitimate child shall follows the mother. The citizenship by operation of law shall only be applied to the child whose father is Malaysian citizen at the time of the birth, not after the birth.

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JUNE

ESTABLISHMENT OF MESSRS. CLARISSA WONG & PARTNERS The Firm was founded on 1 June 2021 in the heart of Petaling Jaya by a group of lawyers who believed that all Malaysians should have access to legal services. With our team of lawyers, we are confident that our legal service is even more efficient, personal and reasonably priced without compromising our high quality.

Our Vision At Clarissa Wong & Partners we hope to provide customized solutions that are responsive to our Clients' needs.

To achieve this vision, we have embraced 3 core values: A. Adaptive We believe in meeting the needs of our clients in an innovative manner by adapting to the rapid changes of the marketplaces and technologies.

B. Experience Through our extensive experience in the legal field, we are able to handle complex matters and strive to provide the highest quality of service.

C. Solutions We focus on providing clients with solution oriented legal services for their most critical legal and business needs.

ANNOUNCEMENT OF FULL LOCKDOWN (MCO 3.0) IN MALAYSIA Also on 1 June 2021, the Government of Malaysia announced a Movement Control Order (MCO 3.0), which is a full lockdown beginning from 1 June 2021 to 14 June 2021.

This was similar to the first MCO (MCO 1.0) announced in March 2020, with strict restrictions on movements and the total shutdown of almost all sectors apart from essential economic and service sectors.

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JULY TAX LAW: THE TOURISM TAX (DIGITAL PLATFORM SERVICE PROVIDER) REGULATIONS 2021

According to the Tourism Tax (Amendment) Act 2021,

To avoid tourism tax from being imposed twice on a

any tourist who purchases accommodation on and after 1

tourist, the operator of the accommodation premises is

July 2021 through online digital accommodation booking

exempted from collecting tourism tax from a tourist who

platforms such as Agoda, Booking.com and Airbnb is

has paid the tax to its digital booking platform providers.

required to pay the tourism tax directly to the digital booking platform providers. The rate of tourism tax,

Nevertheless, the Minister of Finance has agreed to

according to the Tourism Tax (Rate of Digital Platform

postpone the effective date for the implementation of

Service Provider Tax) Order 2021, is fixed at RM 10.00

the imposition of tourism tax on accommodation

per room per night.

premises booked through online digital accommodation booking platforms to 1 January 2023 through its notice dated 5 April 2021 and 30 September 2021.

17

CORPORATE LAW: AMENDMENTS TO THE CAPITAL MARKETS AND SERVICES ACT 2007 The

Securities

Commission

Malaysia

(SC)

has

announced several amendments to Schedules 5, 6 and

The initial exchange offering (IEO) of digital currency and digital token via a recognised market operator is now included as a method of corporate proposal that do not require the approval of the Securities Commission Malaysia;

7 of the Capital Markets and Service Act 2007, with effect from 1 July 2021, pursuant to the Capital Markets and Services (Amendment of Schedules 5, 6 and 7) Order 2021.

the sophisticated investors have been extended to include: (i)

individuals with investment portfolio exceeding RM1,000,000.00 in capital market products;

Amongst changes made pursuant to the Amendment Order are:

(ii) corporations that carry on fund management activities for their related corporations with assets more than RM10,000,000.00; and (iii) CEOs or directors of licensed or registered persons under Capital Markets and Services Act 2007.

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AUGUST DISPUTE RESOLUTION LAW: AIAC ARBITRATION RULES 2021 The Asian International Arbitration Centre (AIAC) has

introduction of summary determination procedure

for

published its new AIAC Arbitration Rules 2021 to replace its

early dismissal of claims. The summary determination shall

previous predecessor, the AIAC Arbitration Rules 2018. The

be applied for the claim, defense or counterclaim which

new AIAC Arbitration Rules 2021 comes into effect and

are manifestly without merit, or falls outside the tribunal’s

applies to arbitration proceeding commenced under the

jurisdiction;

AIAC Arbitration Rules starting 1 August 2021. revisions to the confidentiality clause. The confidentiality The AIAC Arbitration Rules are a set of procedural rules that

obligation is now extended to cover the director, any

cover all aspects of arbitration process. The parties involved

tribunal secretary, any witness or expert appointed by the

may agree to the AIAC Arbitration Rules in part or in whole

Arbitral Tribunal, and all those that parties involve in the

in order to resolve their domestic and international disputes.

arbitration;

The new AIAC Arbitration Rules 2021 contains some significant amendments to AIAC Arbitration Rules 2018, the

publication of awards to promotes transparency in

key features of which are summarized below:

arbitration. The AIAC is allowed to publish the entire awards, subject to parties’ names and other identifying

consolidation of UNCITRAL Arbitration Rules and AIAC

information being redacted; and

Arbitration Rules. Previously the rules were separated into two different parts and often overlapping with one

introduction of multi-party appointments of arbitrators.

and another. The consolidation of the rules provides a

The multiple parties may now appoint their arbitrators.

more streamlined procedure;

Where an even-numbered tribunal is used, each party shall nominate half of the required numbers of arbitrators.

incorporation of a Fast Track Procedure to assist the parties to resolve their disputes in a quicker and cheaper manner. The arbitration proceedings under the Fast Track Procedure are designed to last no longer than 180 days;

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The quality of our lives depends not on whether or not we have conflicts, but on how we respond to them.

20

SEPTEMBER INSOLVENCY LAW: INSOLVENCY (AMENDMENT) ACT2020 The Insolvency (Amendment) Act 2020 came into effect on 1 September 2021. The amendment was done to avoid the increase rate of bankruptcy cases due to the pandemic COVID-19 in Malaysia. The two amendments under the Insolvency (Amendment) Act 2020 are as follows:

the minimum debt threshold for filing a bankruptcy petition is increased from RM50,000.00 to RM100,000.00; and the Minister has the discretion to amend the minimum threshold for filing a bankruptcy petition for a specific time period if the Minister is satisfied that there are special circumstances and that it would not be contrary to public interest to do so.

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CONSTITUTIONAL

LAW:

AUTOMATIC

CITIZENSHIP

FOR

CHILDREN OF MALAYSIAN MOTHERS BORN OVERSEAS On the 9th of September 2021, the High Court of Malaya made a landmark decision in Suraini Kempe & Ors v. Kerajaan Malaysia & Ors [2021] MLJU 1864 to recognise that Malaysian women shall have the right to pass down their Malaysian citizenship to their children who are born abroad. This would mean that a child born by a Malaysian mother and foreign father will no longer be required to apply for the citizenship under Article 15 of the Federal Constitution.

Instead, the child will acquire the citizenship automatically.

Prior to Suraini Kempe’s case, a child of a Malaysian woman and foreign husband that is born abroad will have to apply for the citizenship. The application is not only a lengthy process but the applications are often rejected as the conferment of citizenship is subject to the discretion of the Malaysian government.

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PROPERTY & TAX LAW: BUDGET 2022 HIGHLIGHTS Budget 2022 was presented in the Parliament by the Finance Minister, YB Senator Datuk Seri Utama Zafrul Tengku Abdul Aziz on 29 October 2021.

Themed “A Prosperous Malaysian Family”, Budget 2022 is the largest ever budget in Malayia’s history with allocation of RM332.1 million. The highlights on the initiative for property sector as well as tax measures for business and individual are as follows:-

OCTOBER

1

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Initiative for the Property Sector 1. Housing Projects for low-income groups The Government will allocate RM1.5billion for housing projects specifically for low-income groups.

2. The exemption of Real Property Gains Tax The Government will exempt real property gain tax for disposal of property by residents and permanent residents starting from the sixth year onwards.

3. Housing Credit Guarantee Scheme (HCGS) The Government will allocate RM2billion for HCGS, a scheme that is offered to non-fixed income groups for them to obtain loan from the financial institutions.

4. Optimal management of Malay Reserved Land The Government will optimize the use of government land and Malay reserved land by renting the lands out for agricultural and business projects.

5. Allocation for Contractors in Class G1 to G4 The Government will also continue to implement small and medium sized projects worth RM2.9 billion earmarked for contractors in Class G1 to G4 nationwide, encompass road maintenance projects, aging infrastructure and facilities upkeep for universities.

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Tax Measures for Business in General 1. Introduction of Cukai Makmur Introduction of a 33% marginal income tax bracket for companies on chargeable income of more than RM100million.

2. Stamp Duty Exemption The stamp duty for the following documents will be exempted: a. peer-to-peer loan agreements between SME and investors executed between 1 January 2022 to 31 December 2022 b. loan agreement for restructuring or rescheduling of a business loan executed between the company and a financial institution by 21 December 2022

c. instruments executed for mergers and acquisitions, includes agreement for sale or leasing of property, memorandum of transfer, loan agreement and leasing agreement 3. Tax Losses Business will be able to carry forward losses for 10 years of assessment 4. Tax Exemptions, deductions and reliefs There will be tax exemptions, deduction and reliefs for the following:-

e. Double tax deduction on the qualifying expenses incurred by anchor companies under Vendor Development Program f. Double tax deduction on qualifying expenses incurred for companies that implement the Structured Internship Program (SIP) g. Double tax deduction for companies that provide sponsorship for students h. 50% income tax exemption on organizer of approved art and cultural activities, international sports and recreational activities

Tax Measures for Individuals 1. Foreign-sourced income Malaysian citizen will be subject to tax on foreign income remitted into Malaysia 2. Tax Exemptions, deductions and reliefs There will be tax exemptions, deduction and reliefs for the following: a. Tax deduction equivalent to the rental reduction amount given to the tenant b. Tax relief on medical treatment expenses up to RM8,000.00 c. Tax relief on qualifying expenses for domestic travel up to RM1,000.00 d. Tax relief up to RM3,000.00 for children fees paid to child care centre or kindergarten e. Tax relief up to RM2,500.00 for purchase of mobile phones, computers and tablets f. Tax relief up to RM2,500.00 for the expenses in relation to installation, rental and purchase of Electric Vehicles g. h. i. j.

Tax exemption on the e-sports tournament prize money Tax relief on costs incurred in relation to self-funded booster Tax relief up to RM7,000.00 for technical education fees Tax relief up to RM3,000.00 on premium payments for deferred annuity and contributions to the Private Retirement System

3

OCTOBER

a. Tax deduction up to RM300,000.00 on cost of renovation on business premises b. Tax deduction equivalent to the rental reduction amount given to the tenant c. Tax deduction up to RM50,000 on rental expenses for employee d. Tax deduction for costs incurred in relation to self-funded booster vaccination

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NOVEMBER INTELLECTUAL PROPERTY COPYRIGHT INFRINGEMENT

LAW:

SALE

OF

TV

BOXES

CONSTITUTES

In Measat Broadcast Network Systems Sdn Bhd v Koo Kok Wee [Kuala Lumpur Civil Suit No. WA-22IP-61-10/2020], the Court has declared that the sale, distributing and supplying streaming TV boxes or illicit streaming devices that could provide unauthorized access to copyrighted works constitutes copyright infringement under the Copyright Act 1987. This decision would be set as a precedent for future civil claims on copyright infringement against TV box seller in Malaysia.

According to Section 41 of Copyright Act 1987, any person who is guilty of selling and distributing infringing copies shall be liable to a fine not less than RM2,000.00 and not more than RM20,000.00 for each infringing copy, or to imprisonment for a term not exceeding five years or both.

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TAX LAW: INCOME TAX DEDUCTION FOR EMPLOYERS The following rules have been gazetted to provide tax reliefs for employers: 1. Income Tax (Deduction for Expenses in Relation to the Cost of Detection Test of Coronavirus Disease 2019 (Covid-19) for Employees) Rules 2021.

For the purpose of ascertaining the adjusted income of an employer, a deduction is allowed for the expenses in respect of the cost of detection test of Covid-19 for its employees within the period of 1 January 2021 to 31 December 2021.

2. Income Tax (Deduction for the Costs of Implementation of Flexible Work Arrangements) Rules 2021.

The Rules provide that in ascertaining a qualifying person’s adjusted income from his business for a year of assessment, a double deduction shall be given for expenses incurred by the person for the implementation of flexible work arrangement in relation to consultation fees, cost of capacity development, cost of software and software subscriptions.

3. Income Tax (Deduction for Training Costs Under National Dual Training System Rules 2021.

National Dual Training System (NDTS) is a method that is based on industry -driven training concept which is operated through collaboration between companies and training institutions. The companies that carry out NDTS training shall be entitled income tax deduction and claim of levy for companies that contributes to the human resource development fund.

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DECEMBER LAW: MUSLIM CONSTITUTIONAL INDIVIDUALS CANNOT BE MADE PARTY IN LEGAL MARITAL DISPUTE INVOLVING NON-MUSLIM COUPLES

PROPERTY LAW: A JUDICIAL SALE BY PUBLIC AUCTION DOES NOT CREATE AN ENFORCEABLE CONTRACT WITH SUCCESSFUL BIDDER

On 1 December 2021, the Federal Court in AJS v.

In Ambank (M) Berhad v AIM Edition Sdn Bhd [2021]

JMN & Ors [2021] 1 LNS 2017 held that a Muslim

1 LNS 2082, the bank initiated proceedings for a

individual cannot be made as a party in legal marital

judicial sale of the land by way of public auction as the

dispute involving non-Muslim Couple. In this case, a

bank’s borrower defaulted on the loan repayment.

non-Muslim woman filed a judicial separation

The successful bidder purchased the land at RM12

petition at High Court and claimed that her marriage

million and signed a proclamation of sale. After paying

had broken down as a result of her husband’s

the full purchase price, the bidder realized that the

adulterous relationship with a Muslim woman.

actual size of the land was smaller than what was provided in proclamation of sale.

The non-Muslim woman cited the Muslim woman as the co-respondent in the petition and claimed for

The bidder claimed that the bank had breached the

money as compensation from the Muslim woman on

contract for failing to deliver the auctioned land as

the ground of adultery under Section 58 of the Law

stated in the proclamation of sale. Nevertheless, the

Reform

Federal Court held that the judicial sale does not give

(Marriage

and

Divorce)

Act

1976

("LRMDA").

rise to a contract between the bank and the bidder.

The judicial sale is conducted pursuant to an order of

The Federal Court was of the opinion that Section 3

Court granted under National Land Code 1965. There

of the LRMDA precludes a non-Muslim from citing a

is no reason or need to deploy the legal fiction of a

Muslim in a divorce petition. A judicial separation

contract into the judicial sale that is governed by the

petition shall be treated the same way as a divorce

National Land Code 1965.

petition in respect of a claim for damages on grounds of adultery. Nevertheless, since the Law Reform Act

Furthermore, the bidder is now the registered owner

1976 is not applicable to Muslims, the remedy

of the land. This is consistent with what was ordered

pursuant to Section 58 of the LRMDA remains

by the court and as set out in the Proclamation of Sale.

unavailable to the non-Muslim vis-à-vis Muslim .

The fact that other titles have been issued which seemingly encroached on the bidder’s land means that the bidder ought to be pursuing other remedies but not in contract as there is none to begin with.

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If one were to read Section 3(3) only in respect of marriage and divorce without regard to Article 121(1A) of the Federal Constitution read with Article 8(5)(a) of the same, the clear demarcation

between

the

personal

laws

of

Muslims

and

non-Muslims in this country will be in a state of disarray.

Federal Court in AJS v. JMN & Ors [2021] 1 LNS 2017

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CONTACT US Send us documents, postcards or chocolates at C/O Clarissa Wong & Partners No. 6-6, Menara Infiniti, Jalan SS 6/3, Kelana Jaya, 47301 Petaling Jaya, Selangor Darul Ehsan Tel: +603 7680 4563

LOOKING

FORWARD TO

SERVING

BETTER

IN

YOU

2022.

– @cwplegal