Category: Litigation Advisory & Strategy

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Can properties held under trust be seized under AMLA?

FYI, a  public prosecutor can order the seizing of properties of a person that is charged under AMLA. However, can they seize properties that are under trust? If the answer is yes, under what condition can they do so? Let’s briefly have a look at the Court of Appeal case of Tetuan Khana & Co…
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May 29, 2021 0

Can a civil action be instituted against a party after who just had its property seized under AMLA?

Can a party institute a civil action against an offending party after the offending party’s assets and properties are seized under AMLA? This question was briefly analyzed and dealt with in Protasco Bhd v PT Anglo Slavic Utama & Ors, which we will briefly have a look at in this article.  Brief facts of the…
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May 29, 2021 0

Reporting A Suspicious Transaction Under AMLA 2001

Anti-Money Laundering, Anti-Terrorism Financing And Proceeds of Unlawful Activities Act, or AMLA for short, is a piece of legislation created for the purpose of punishing those who commit money laundering activities and/ or those who commit the act of financing terrorist activities.  Money Laundering? Financing Terrorist Activities? What Is That All About? Money laundering is…
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April 30, 2021 0

The Different Types Of Sentencing In Criminal Law

If a person is found guilty of a crime, the judge has the discretion to impose a sentence or a punishment based on what is allowed in a statute, such as the Penal Code. Today, we will explore some of the punishments or sentences that a judge could pass in sentencing a person or offender…
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December 31, 2020 0

Self Defence 101

What is self-defense? Self-defense (or in legal terms, private defense) is an act whereby one uses reasonable force to protect himself or the people around him from being attacked or harmed by another person. It is a defense that one can raise if they accidentally cause harm or kill another while exercising self-defense. Under what…
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December 24, 2020 0

To Stay Or Not To Stay An Execution

To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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August 21, 2020 0

Minority Oppression In A Company

Being a minority shareholder in a company is not a walk in the park. To give some context:  Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders;  They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
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August 10, 2020 0

Re-Litigating a Foreign Judgment : Is It Even Possible?

A and B fought out a dispute in a foreign court. At the end of it, one party won, while the other is left to sulk in a corner. Can the party who is sulking relitigate the matter locally? Let us find out by briefly looking at the recent High Court (Sibu) case of Wong…
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August 2, 2020 0

If You are Discharged from A Crime, Does it Mean You are Innocent?

If a person is discharged by the court for a crime they allegedly committed, does that mean that the person is innocent? Can the prosecution recharge him? In short, no, a person is not automatically innocent, and yes, he can be recharge for the crime he allegedly committed. Below is a snippet on this issue.…
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July 16, 2020 0

A Separate Proceedings for Contempt of Court?

Are contempt proceedings separate and distinct proceedings from the main proceedings? For example, does it mean that if a person is charged in a criminal court (in the main proceedings), any conduct which gives rise to a contempt of court automatically becomes a criminal contempt? This issue was briefly dealt with in the Court of…
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June 29, 2020 0