Ransomware – The Malaysian Legal Perspective
The emergence of technology with borderless access discovers a new spectrum of world to mankind – the virtual world. Thanks to technology, our daily activities and businesses are facilitated, simplified and accelerated. However, with the advancement of technology, dangers and threats through the virtual world are more imminent. As technology evolves and the medium revolves, …
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Due Diligence on ESG Matters
2020 has unwittingly proved the significance of financial and non-financial risks in assessing resilience. Sustainable companies are seen to be able to stand through the economic turmoil with higher resistance, or at least did not deteriorate as badly as others. Due to this, more heads are turning towards the importance of the environmental, social and …
Introduction to Malaysian Sugar Tax
In 2019, the Malaysian government introduced the so-called “Sugar Tax” as a means of addressing the growing prevalence of obesity and diet-related non-communicable diseases like diabetes by increasing the cost of Sugar Sweetened Beverages (“SSB”).1
The Risk of Cargo Liquefaction
Some bulk cargoes can cause cargo liquefaction if the moisture content exceeds a certain level. Cargo liquefaction occurs when dry bulk cargoes with high moisture content start to behave like liquids when the ship is moving. Such cargoes shift rapidly in the holds of a ship, resulting in free surface effect, making the ship unstable …
New Code of Conduct for Leasing of Retail Premises in Singapore
On 26 March 2021, Singapore Business Federation (“SBF”) announced the introduction of the Code of Conduct (“Code”) for the Leasing of Retail Premises which aims to enable fair and equal position in lease negotiation and introduce a dispute resolution framework. A Fair Tenancy Industry Committee (“FTIC”) will be formed by 1 June 2021 to monitor …
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The Principle of Wilful Blindness and Its Implications in The Malaysian and English Legal Systems
The principle of wilful blindness has often been contested in courts. In criminal law, Wilful Blindness or ignorance of law refers to the ‘deliberate avoidance of knowledge of the facts’; that is, a person avoids gaining knowledge as a means of avoiding self-incrimination1. In its purest form, wilful blindness (also known as Nelsonian Blindness) refers …
2021 Updates to the Malaysian Code on Corporate Governance
“There is a strong need for good corporate governance and board leadership, especially as companies navigate the prolonged post pandemic recovery period.” Datuk Syed Zaid Albar Executive Chairman, Securities Commission Malaysia
Registering a Cosmetic Product in Malaysia
Introduction Cosmetic products in Malaysia are generally regulated under Sale of Drugs Act 1952 to be read together with Control of Drugs and Cosmetic Regulations 1984 (“CDCR”)1 and Guidelines for Control of Cosmetic Products in Malaysia (“Guidelines”). Under CDCR, a company which intends to manufacture, sell, supply, import and possess any cosmetic product must ensure …
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Carriage of Goods by Sea
There are many ways goods can be shipped by sea. Many exporters who sell abroad regularly will ship their goods in containers. If their volumes are sufficient to fill a container then the container will contain only their goods, this is a Full Container Load [FCL] shipment. If the goods are insufficient or consists of …
Green Objects
As COP26 ends in Glasgow, there could be growing pressure on companies to review their objects and for joint ventures to review their goals. Malaysian regulators such as the Securities Commission and Bursa Malaysia are already thinking of setting higher standards of disclosures in relation to ESG and sustainability for listed companies.