Judicial Appointments Commission Annual Report 2013

ANNUAL REPORT
2 0 13
JUDICIAL APPOINTMENTS COMMISSION
CONTENTS
Chairmans Foreword
3 - 5
Background
7 - 8
Members of the Judicial Appointments Commission
9 - 15
Meetings
17 - 21
Appointment of Superior Court Judges 2013
23 - 28
Training of Superior Court Judges 2013
29 - 62
Office of the Secretary, Judicial Appointments Commission
63 - 67
w w w . j a c . g o v . m y
CHAIRMANS
FOREWORD
Annual Report 2013
CHAIRMANS
FOREWORD
Assalamualaikum warahmatullahi wabarakatuh

and salam sejahtera.
Alhamdulillah, with the grace of Allah (s.w.t) the
Judicial Appointments Commission which was
established in 2009 is now in its fifth year.
In January 2013, we bade farewell to appointed Commissioners who successfully
completed their term of four years with the Commission. Subsequently, we welcomed
four new Commissioners to the Commission. I trust their experience and wisdom
would assist the Commission in its functions and duties.
In 2013, a total of 26 appointments were made, 10 of which were Judicial
Commissioners. The appointment of the Judicial Commissioners were made in line
with the effort to reduce the case backlog and to improve the court delivery system.
Consistent with our oath of office, the Judiciary will strive to attain the highest standard
in terms of integrity and professionalism. Therefore the selection process for the
appointment and promotion of judges is of crucial importance. In line with section 23
of the Judicial Appointments Commission Act 2009, candidates are selected based
on academic achievement and work experience.
The Commission recognises the need for judges to be equipped with relevant legal
knowledge and skills in order to meet public expectation. To ensure judges are kept
abreast with recent changes, continuous education in relevant areas of law features
prominently in the Commissions annual programme. Hence, a series of course and
seminars on selected topics were organised in 2013 by the Judicial Academy under
the aegis of the Commission.
4 Annual Report 2013
w w w . j a c . g o v. m y
Despite budgetary constraints, the Academy had successfully organised 8 training

programmes in 2013, comprising various courses, workshops and seminars. The courses,
conducted mainly by senior judges, covered topics related to Company Law, Section 39B
of the Dangerous Drugs Act 1952 and Appellate Intervention and Revision. In addition to
the in-house training conducted by senior judges, we have in collaboration with the Kuala
Lumpur Regional Centre of Arbitration organised a seminar and a workshop on construction
law; and with Bank Negara Malaysia on Islamic Banking. These programmes have helped
to further enhance the knowledge and skills of our judges. I am happy to note that the
Commission has received encouraging feedback from judges of the programmes.
In order to encourage and instill esprit de corps among judges, an outreach programme
consisting of teamwork activities and outdoor challenges, was held in Gemia Island,
Terengganu in September 2013. Strong support and enthusiasm were displayed throughout
the programme by all participants.
The Commission is currently considering the possibility of collaborating with other judicial
academies in order to tap into their skills and knowledge. Additionally, we are considering
sending senior judges to attend training for trainers programme in other judicial academies
in the near future. With this, it is hoped that we would be able to develop our own expertise
in various fields of law in the coming years.
A strong and effective justice system is important to enhance public confidence in the
Judiciary and the Commission has been diligently working towards this end since its
inception. The Commission will continue in its effort to raise the standard of the Judiciary
via a merit based appointment system, periodic review of the performance of judges
and continuous learning schemes. These factors will contribute towards improving and
enhancing the administration of justice through the speedy disposal of cases and high quality
decisions. In short, the Commission despite its tender age, has contributed significantly
towards greater transparency in the appointment and promotion of judges. A committee
has also been set up to study the remuneration and scheme of service for judges and to
report to the Commission on its finding and recommendation.
Finally, I wish to record my sincere gratitude to the Secretary of the Commission and the
officers and staff for their continuous support and commitment in carrying out the duties
and functions of the Commission.
TUN ARIFIN BIN ZAKARIA

Annual Report 2013
BACKGROUND
Annual Report 2013
BACKGROUND
The Judicial Appointments Commission (JAC) was established with the coming
into force of the Judicial Appointments Commission Act 2009 (Act 695) gazetted
on 8 January 2009. Since its establishment, apart from its main function
of selecting suitably qualified individuals for appointment as superior court
judges, many different programmes and initiatives have been undertaken by
the JAC to improve the administration of justice including training programmes
for judges of the superior court.
Under the Act, judges of the superior court is defined as the Chief Justice,
the President of the Court of Appeal, the Chief Judge of the High Court in
Malaya, the Chief Judge of the High Court in Sabah and Sarawak, judges of
the Federal Court, Court of Appeal and High Court. Nevertheless, with the
coming in to effect of the Judicial Appointments Commission (Amendment)
Act 2010, the meaning of judges of the superior court also includes Judicial
Commissioners.
In order to carry out its functions effectively, the Prime Minister appointed a
Secretary who is responsible for implementing the decisions of the Commission,
its activities, general administration and management. The Secretary is assisted
by 12 permanent officers and staff of various grades.
8 8 Annual Report 2013
MEMBERS OF
THE JUDICIAL
APPOINTMENTS
COMMISION
2013
Annual Report 2013
MEMBERS OF THE JUDICIAL APPOINTMENTS

COMMISSION 2013
The Judicial Appointments Commission comprises 9 members, 4 of whom are appointed
by tenure, namely, the Chief Justice, the President of the Court of Appeal, the Chief Judge
of the High Court in Malaya and the Chief Judge of the High Court in Sabah and Sarawak.
Meanwhile the other 5 members comprising a Federal Court Judge and 4 others who
are eminent persons, who are not members of the executive or other public service, are
appointed by the Prime Minister.
The 4 members who were appointed by the Prime Minister pursuant to section 5(1)(f) of
Act 695 had completed their 2 terms (4 years) on 8 February 2013. They are YABhg. Tun
Dato Seri Abdul Hamid bin Haji Mohamad, YBhg. Tan Sri Dato Seri Ainum binti Mohamed
Saaid, YBhg. Tan Sri Datuk Amar Steve Shim Lip Kiong and YBhg. Tan Sri Datuk Wira Dr.
L.C. Vohrah.
Following the cessation of the appointments of the 4 members, the Prime Minister appointed
4 new members after consultations with the Bar Council of Malaysia, the Sabah Law
Association, the Advocates Association of Sarawak, the Attorney General of the Federation,
the Attorney General of Sabah and the Attorney General of Sarawak. They are as follows:
(i)
YBhg. Tan Sri Haidar bin Mohamed Noor

Former Chief Judge of the High Court in Malaya
(ii)
YBhg. Datuk Seri Panglima Sulong Matjeraie

Former Federal Court Judge
(iii)
YBhg. Dato Selventhiranathan a/l Thiagarajah

Former Court of Appeal Judge
(iv)
YBhg. Dato Tee Ah Sing @ Tee Boon Hooi

Former Court of Appeal Judge
The appointment is for 1 term beginning 9 February 2013 till 8 February 2015.
Pursuant to section 6(1) of Act 695, they can be reappointed with the approval of the
Prime Minister for an additional term but shall not hold office for more than 2
terms (4 years).
COMMISSIONERS OF
THE JUDICIAL APPOINTMENTS COMMISSION
The Rt. Hon. Tun Arifin bin Zakaria

Chief Justice
(Chairman)
The Rt. Hon. Tun was appointed as Judicial Commissioner on 1 March 1992.
He was a Legal and Judicial Service Officer prior to the aforementioned
appointment. After almost 2 years in service as Judicial Commissioner, the Rt.
Hon. Tun was appointed as High Court Judge on 25 January 1994, as Court of
Appeal Judge on 6 August 2002 and as Federal Court Judge on 17 June 2005.
On 18 October 2008, the Rt. Hon. Tun was appointed as Chief Judge of the
High Court in Malaya. On 12 September 2011, the Rt. Hon. Tun was appointed
the Chief Justice as well as the Chairman of the JAC.
Annual Report 2013
11
The Rt. Hon. Tan Sri Md Raus bin Sharif

President of the Court of Appeal
The Rt. Hon. Tan Sri was appointed as Judicial
Commissioner on 1 November 1994. He was a Legal
and Judicial Service Officer prior to the aforementioned
appointment. On 12 January 1996, the Rt. Hon. Tan Sri
was appointed as High Court Judge. He was appointed as
Court of Appeal Judge on 28 July 2006 and subsequently
appointed as Federal Court Judge on 14 October 2009.
The Rt. Hon. Tan Sri was appointed the President of the
Court of Appeal on 12 September 2011.
The Rt. Hon. Tan Sri Dato Seri Zulkefli

bin Ahmad Makinudin
Chief Judge of the High Court in Malaya

Commissioner on 1 November 1994. Subsequently, the
Rt. Hon. Tan Sri was appointed as High Court Judge on
12 January 1996 and as Court of Appeal Judge on
17 June 2005. He was then appointed as Federal Court
Judge on 5 September 2007 and as at 12 September
2011, the Rt. Hon. Tan Sri was appointed the Chief Judge
of the High Court in Malaya.
The Rt. Hon. Tan Sri Datuk Seri Panglima

Richard Malanjum
Chief Judge of the High Court in Sabah and Sarawak
Commissioner on 1 March 1992 and as High Court
Judge on 20 August 1993. The Rt. Hon. Tan Sri was
then appointed as Court of Appeal Judge on 6 August
2002 and as Federal Court Judge on 17 June 2005. On
26 July 2006, the Rt. Hon. Tan Sri was appointed the
Chief Judge of the High Court in Sabah and Sarawak.
The Hon. Tan Sri Abdull Hamid bin Embong

Federal Court Judge
The Hon. Tan Sri was appointed as Judicial

Commissioner on 1 November 1994 and as High Court
Judge on 5 July 1996. The Rt. Hon. Tan Sri was then
appointed as Court of Appeal Judge on 28 July 2006
and as Federal Court Judge on 14 October 2009.
The Hon. Tan Sri was appointed as Commissioner of
the Judicial Appointments Commission by the Prime
Minister on with effect from 1 October 2011 until
30 September 2013. The Hon. Tan Sris service as
Commissioner was continued with effect from
1 October 2013.
Annual Report 2013
13
YBhg. Tan Sri Haidar bin Mohamed Noor

YBhg. Tan Sri is the former Chief Judge of the High Court
in Malaya and held that position from 3 December 2002
until he retired on 8 November 2004. YBhg. Tan Sri was
appointed by the Prime Minister as Commissioner of the
Judicial Appointments Commission for 2 years starting
from 10 February 2013.
YBhg. Datuk Seri Panglima Sulong Matjeraie

YBhg. Datuk Seri was appointed as Federal Court Judge
on 4 April 2012 and retired on 19 January 2013. YBhg.
Datuk Seri was appointed by the Prime Minister as
Commissioner of the Judicial Appointments Commission
for 2 years starting from 10 February 2013.
YBhg. Dato Selventhiranathan a/l Thiagarajah

YBhg. Dato was appointed as Court of Appeal Judge
on 14 October 2009 and retired on 26 August 2011.
YBhg. Dato was appointed by the Prime Minister as
YBhg. Dato Tee Ah Sing @ Tee Boon Hooi

YBhg. Dato was appointed as Court of Appeal Judge
on 14 October 2009 and retired on 20 January 2011.
YBhg. Dato was appointed by the Prime Minister as
Annual Report 2013
15
MEETINGS
Annual Report 2013
17
JUDICIAL APPOINTMENTS COMMISSION MEETINGS

Act 695 states that 2 types of meetings are to be held by the JAC as follows:
(i)
JAC Meetings
(ii)
Selection Meetings
JAC meetings are held at least once a month at such time and place as may be determined
by the Chairman as per section 13 of Act 695. Issues discussed during JAC meetings
include efforts to increase the performance of the Judiciary specifically in the disposal of
cases and increasing the quality of judgments. The JAC Meeting schedule for the year 2013
is as per Table 1.
Table 1: JAC Meeting Schedule2013
No.
Month
Date
Time
Venue
1.
January
11 January
(Friday)
3.00 pm
Meeting Room of the Chief Justice, Level 5, Istana

Kehakiman, Putrajaya
2.
February
26 February
(Tuesday)
10.30 am

3.
March
14 March
(Thursday)
10.30 am

4.
April
3 April
(Wednesday)
3.00 pm
Kuantan Court Complex,

Kuantan, Pahang
5.
May
10 May
(Friday)
3.00 pm

6.
June
17 June
(Monday)
2.30 pm

7.
July
15 July
(Monday)
2.30 pm

8.
August
19 August
(Monday)
2.30 pm

9.
September
27 September
(Friday)
3.00 pm

10.
October
23 October
(Wednesday)
9.00 am
Langkawi Court
Langkawi, Kedah
11.
November
8 November
(Friday)
3.00 pm

12.
December
16 December
(Monday)
9.00 am
Johor Bahru High Court

Johor Bahru, Johor
Selection Meetings are only held when there is a need to increase the number of judges in
the Federal Court, Court of Appeal, High Court and Judicial Commissioners. The constitution
of the Federal Court, Court of Appeal and High Court is provided for under of the Federal
Constitution as per Table 2.
Table 2: Constitution of the Courts
No.
Court
No. of Positions
Chief Justice
2.
Federal Court
11
3.
Court of Appeal
32
4.
High Court
73
1.
(i)
High Court in Malaya
60
(ii)
High Court in Sabah and Sarawak
13
Total
120
In 2013, Selection Meetings were held a total of 4 times as per Table 3.

Table 3: Selection Meetings 2013
Date
Selection
14 March (Thursday)
Federal Court Judge, Court of Appeal Judge and Judicial

Commissioner
17 June (Monday)
Federal Court Judge
15 July (Monday)
Judicial Commissioner
19 August (Monday)
High Court Judge
Annual Report 2013
19
Exercises for the selection of Judicial Commissioners will only be carried out where there is a
need for the despatch of business of the High Courts as provided for under Article 122AB(1)
of the Federal Constitution.
Judicial Appointments Commission Meeting at the Kuantan Court Complex, Pahang.
THE SELECTION PROCESS

Candidates who are considered for selection as Federal Court Judges are judges from the
Court of Appeal whilst for the Court of Appeal are candidate judges from the High Court and
for the High Court candidates are from the ranks of Judicial Commissioners. Meanwhile,
selection for Judicial Commissioners, candidates are made up of legal and judicial officers
as well as legal practitioners.
All candidates who are selected are subject to vetting by the Royal Malaysian Police,
the Malaysian Anti-Corruption Agency, the Companies Commission of Malaysia and the
Malaysian Department of Insolvency.
The factors taken into account when considering candidates are as provided for under
section 23 of Act 695.
Candidates are selected based on the result of a private ballot. After a selection has
been made, a comprehensive report is submitted to the Prime Minister informing him of
the recommended candidates and detailing the bases of recommendation. This report is
sent with an accompanying letter from the Chief Justice as provided for under the Federal
Constitution.
Selection Criteria
23. (1) A candidate is qualified for selection if he fulfils the requirement under
Article 123 of the Federal Constitution.

(2) The Commission in selecting candidates shall take into account amongst
others, the following criteria:
integrity, competency and experience;

objective, impartial, fair and good moral character;
decisiveness, ability to make timely judgments and good
legal writing skills;
industriousness and ability to manage cases well; and
physical and mental health.
(3) A person who is a serving judge or judicial commissioner must not

be appointed if he has three or more pending judgments or unwritten
grounds of judgments that are overdue by sixty days or more from the
date they are deemed to be due.
(4) The Commission in selecting candidates must also take into account the
need to encourage diversity in the range of legal expertise and knowledge
in the judiciary.The ability to manage cases well and grounds of judgment
which do not remain unwritten for longer than allowed.
Annual Report 2013
21
APPOINTMENT OF
SUPERIOR COURT
JUDGES 2013
Annual Report 2013
23
APPOINTMENT OF JUDGES AND JUDICIAL

COMMISSIONERS IN 2013
Judges
A total of 3 Federal Court Judges, 4 Court of Appeal Judges and 4 High Court Judges were
appointed in 2013. The list of judges appointed is as per Table 4.
Table 4: Appointment of Judges in 2013

Position
Date of Appointment
Name
The Hon. Dato Sri Haji Mohamed Apandi bin Haji Ali
Federal Court Judge
30 September 2013
The Hon. Dato Sri Abu Samah bin Nordin

The Hon. Datuk Ramly bin Haji Ali
The Hon. Datuk David Wong Dak Wah
The Hon. Dato Rohana binti Yusuf
8 January 2013
The Hon. Dato Tengku Maimun binti Tuan Mat

The Hon. Dato Haji Mohd Zawawi bin Salleh
The Hon. Datuk Dr. Haji Hamid Sultan bin Abu Backer
Court of Appeal Judge
The Hon. Dato Seri Zakaria bin Sam

The Hon. Dato Abang Iskandar bin Abang Hashim
30 September 2013
The Hon. Dato Umi Kalthum binti Abdul Majid
The Hon. Dato Varghese a/l George Varughese
The Hon. Dato Nik Hasmat binti Nik Mohamad
The Hon. Datuk Hanipah binti Farikullah
High Court Judge
8 January 2013
The Hon. Tuan Ravinthran a/l N. Paramaguru
The Hon. Tuan Chew Soo Ho
Appointment of Judges of the Court of Appeal and

High Court on 8 January 2013
The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya and Chief Judge of the
High Court in Sabah and Sarawak during a photo session with the Seri Paduka Baginda Yang di-Pertuan Agong in
conjunction with the appointment of 5 Court of Appeal Judges and 4 High Court Judges.
Annual Report 2013
25
Appointment of Judges of the Federal Court and

Court of Appeal on 30 September 2013
The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya, Chief Judge of the High
Court in Sabah and Sarawak and Minister in the Prime Ministers Department during a photo session with the Seri Paduka
Baginda Yang di-Pertuan Agong in conjunction with the appointment of 3 Federal Court Judges and 4 Court of Appeal
Judges.
JUDICIAL COMMISSIONER
A total of 10 Judicial Commissioners were appointed in 2013 and are made up of 7 Legal
and Judicial Officers and 3 lawyers. The list of Judicial Commissioners appointed is as per
Table 5 and Table 6.
Table 5: Appointment of Legal and Judicial Officers as Judicial Commissioners

No.
Name
Date of Appointment
Previous Position
(i)
The Hon. Tuan Wong Teck Meng
8 July 2013
Chairman, Parole Board 1,

Ministry of Home Affairs
(ii)
The Hon. Puan S.M. Komathy a/p

Suppiah
8 July 2013
Sessions Court Judge, Kuala

Lumpur
(iii)
The Hon. Dato Rozana binti Ali Yusof
8 July 2013
Sessions Court Judge, Kuala

Lumpur
(iv)
The Hon. Tuan Abu Bakar bin Katar
8 July 2013
Director, Malacca Court
(v)
The Hon. Dato Che Mohd. Ruzima bin

Ghazali
2 December 2013
Court of Appeal Registrar,

Federal Court of Malaysia
(vi)
The Hon. Dato Hj. Ab. Karim bin Haji

Ab. Rahman
2 December 2013
Chairman, Board of Advisors,

Prime Ministers Department
(vii)
The Hon. Tuan Azhahari Kamal bin

Ramli
2 December 2013
High Court Registrar, Sabah

and Sarawak
Table 6: Appointment of Lawyers as Judicial Commissioners
No.
Name
Date of Appointment
(i)
The Hon. Tuan Natha Balan a/l E.S.

Moorthy
8 July 2013
Lawyer
Zul Rafique and Partners
(ii)
The Hon. Tuan Abu Bakar bin Jais
8 July 2013
Lawyer
Messrs Hisham Sobri and Kadir
(iii)
The Hon. Tuan Mairin bin Idang@

Martin
2 December 2013
Previous Position
Lawyer
Messrs Martin Mairin Idang Rantau and Co.
Annual Report 2013
27
Appointment of Judicial Commissioners

8 July 2013
The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya
and Chief Judge of the High Court in Sabah and Sarawak with the 6 Judicial Commissioners
appointed.
Appointment of Judicial Commissioners

2 December 2013
The Chief Justice, President of the Court of Appeal, Chief Judge of the High Court in Malaya
and Chief Judge of the High Court in Sabah and Sarawak with the 4 Judicial Commissioners
appointed.
TRAINING OF
SUPERIOR COURT
JUDGES 2013
Annual Report 2013
29
TRAINING OF SUPERIOR COURT JUDGES 2013

INTRODUCTION
In line with the function of the JAC under section 21(1)(e) and (f) of Act 695, the
JAC had set aside about RM200,000 for the training of superior court judges.
Training for superior court judges is carried out by the Judicial Academy which
was established on 16 December 2011 and is responsible for the preparation
of appropriate training programmes for judges of the superior court throughout
the country. The Office of the Secretary of the JAC is the secretariat to the
Academy.
It is the objective of the Academy to ensure that superior court judges acquire
the widest experience, skills and knowledge in the many areas of law in keeping
with current legal development. The fundamental complexities of the modern
day judicial function makes it necessary that the Judicial Academy is meticulous
in planning, managing and executing training programmes which will impact
the national judicial system positively.
The committee of the Judicial Academy is as follows:
Chairman
: The Rt. Hon. Tun Arifin bin Zakaria

Chief Justice
Members
: The Rt. Hon. Tan Sri Md. Raus bin Sharif

The Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin
The Rt. Hon. Tan Sri Datuk Seri Panglima Richard Malanjum
The Hon. Tan Sri Ahmad bin Haji Maarop
Federal Court Judge
The Hon. Dato Azahar bin Mohamed
The Hon. Dato Mohamad Ariff bin Md. Yusof
The Hon. Dato Mah Weng Kwai
The Hon. Puan Nallini Pathmanathan
High Court Judge, Kuala Lumpur
The Hon. Dr. Badariah binti Haji Sahamid
High Court Judge, Shah Alam, Selangor
The Hon. Datuk Yew Jen Kie
High Court Judge, Kuching, Sarawak
Secretary
: YBhg. Datuk Hamidah binti Khalid

Secretary, Judicial Appointments Commission
Annual Report 2013
31
IMPLEMENTING TRAINING PROGRAMMES IN 2013

In
2013, training programmes and courses carried out by the Judicial Academy are as
follows:
(i)
Courses Conducted by Senior Judges and Judicial Seminars;
(ii)
Programmes co-organised with other agencies; and
(iv)
Judicial Outreach Programmes.
Courses Conducted by Senior Judges AND JUDICIAL

SEMINARS
Courses Conducted by Senior Judges
A total of 3 courses were conducted by senior judges as facilitators. These courses involved
small groups of between 14 and 15 High Court judges and Judicial Commissioners. The
Judicial Academy Committee agreed that the panel of facilitators should comprise the
President of the Court of Appeal, the Chief Judge of the High Court in Malaya, Judges of
Federal Court Judges, Court of Appeal and High Court.
The course titles, number of participants and facilitators for courses conducted by senior
judges are as per Table 7.
Table 7: Courses Conducted by Senior Judges
No.
Course Title
No. of
Participants
Date
Facilitators
The Hon. Dato Mohd. Hishamudin bin
Md. Yunus
(i)
Company Law
23-24 February
2013
15
The Hon. Dato Mohamad Ariff bin Md.

Yusof
The Hon. Puan Nallini Pathmanathan
(ii)
How to Deal with

Cases Under Section
39B of the Dangerous
Drugs Act 1952
The Hon. Tan Sri Ahmad bin Haji

Maarop
20-21 April 2013
14
The Hon. Dato Sri Haji Mohamed

Afandi bin Haji Ali
The Hon. Dato Azahar bin Mohamed
(iii)
Appellate Intervention
and Revision
6 7 July 2013
14
The Rt. Hon. Tan Sri Md Raus bin

Sharif
The Hon. Datuk Zaharah binti Ibrahim
Total
43
Company Law Course

A course on Company Law was held from 23-24 February 2013. The facilitators were the Hon.
Dato Mohd. Hishamudin bin Md. Yunus, Court of Appeal Judge; the Hon. Dato Mohamad
Ariff bin Md. Yusof, Court of Appeal Judge; and the Hon. Puan Nallini Pathmanathan, High
Court Judge, Kuala Lumpur.
The Chief Judge of the High Court in

Malaya delivering his opening address
to the participants during the Company
Law course.
The Hon. Dato Hishamudin bin Md.

Yunus, Court of Appeal Judge, the
Hon. Dato Mohamad Ariff bin Md.
Yusof, Court of Appeal Judge and the
Hon. Puan Nallini Pathmanathan, High
Court Judge as facilitators during the
Company Law course.
The Hon. Dato Hishamudin bin Md.

Yunus, Court of Appeal Judge, presenting
his topic during the Company Law
course.
Annual Report 2013
33
A total of 15 participants comprising 7 High Court judges and 8 Judicial Commissioners

attended the course as per Table 8:
Table 8: Company Law Course Participants
No.
Name
Position and Place of Work
1.
The Hon. Dato Rosnaini binti Saub
2.
The Hon. Dato Abdul Rahman bin Sebli
High Court Judge, Johor Bahru
3.
4.
The Hon. Datuk Nor Bee binti Ariffin
5.
The Hon. Dato Has Zanah binti Mehat
6.
The Hon. Datuk Hasnah binti Dato Mohammed Hashim
7.
The Hon. Tuan Harmindar Singh Dhaliwal
High Court Judge, Ipoh
8.
The Hon. Dato Zakiah binti Kassim
Judicial Commissioner, High Court, Alor Setar
9.
The Hon. Dato Asmabi binti Mohamad
Judicial Commissioner, High Court, Kuala Lumpur
10.
The Hon. Puan Rosilah binti Yop
11.
The Hon. Tuan Samsudin bin Hassan
Judicial Commissioner, High Court, Johor Bahru
12.
The Hon. Datuk Abdul Karim bin Abdul Jalil
Judicial Commissioner, High Court, Melaka
13.
The Hon. Dato Hashim bin Hamzah
Judicial Commissioner, High Court, Shah Alam
14.
The Hon. Datuk Wira Kamaludin bin Md. Said
15.
The Hon. Datin Hajah Azizah binti Haji Nawawi
The Chief Judge of the High Court in Malaya in a picture with the facilitators and participants
of the Company Law course.
Participants listening to the explanation given by the facilitators during the Company Law course.
Annual Report 2013
35
This course was divided into 2 sections, namely:

(i)
An exposition by the facilitators on Company Law in both United Kingdom and

Malaysia preceded the session. The topics discussed were Introductory Remarks
on the Origins of Company Law in the United Kingdom by The Hon. Dato Mohd
Hishamudin bin Md. Yunus and The Origins of Company Law in Malaysia by The
Hon. Puan Nallini Pathmanathan.
(ii) Presentation of working papers by the participants on topics provided to them by

the facilitators before the start of the course were as follows:
(a) Winding Up Legal Implications of Zaiton Marketing Sdn Bhd v. Boustead Eldred
Sdn [2008] 9 CLJ 194 (High Court); [2010] 1 CLJ 381 (Federal Court) by the Hon.
Dato Abdul Rahman bin Sebli;
(b) Discuss the principle in Salamon v. Salamon and the approach taken by Malaysian
Courts in dealing with the lifting the corporate veil principle by the Hon. Dato
Rosnaini binti Saub;
(c) Section 181 and Oppression of Minority. To discuss the basic principles by the
Hon. Dato Umi Kalthum binti Abdul Majid;
(d) Derivative Actions; The Rule in Foss v. Harbottle [1843] 2 Hare 461; and Lee Tak
Suan v. Tunku Dato Seri Shahabudin [2009] 4 CLJ 365 (Federal Court); [2007] 8
CLJ 75 (High Court); Abdul Rahim bin Aki v. Krubong Industrial Park [1995] 3 MLJ
417 by the Hon. Datuk Nor Bee binti Ariffin;
(e) Applying to stay or restrain further proceedings (section 222). Discuss Noble
Specialty Sdn Bhd v. Sedap Food Industries [2009] 1 LNS 72; Shing Hup Hin
Construction Sdn Bhd v. General Soil Engineering Sdn Bhd [1999] 1 CLJ 303; and
Solid Kitchen Sdn Bhd v. Regal Development Sdn Bhd [1998] 6 MLJ 437 by the
Hon. Dato Has Zanah binti Mehat;
The Hon. Dato Umi Kalthum binti Abdul Majid presenting Section 181 and Oppression of Minority.
To discuss the basic principles.
(f)
Fortuna Injunctions by the Hon. Datuk Hasnah binti Dato Mohammed Hashim;
(g) Discuss the procedure to be followed after the presentation of a winding-up petition.
Discuss Petro-pine Industries (M) Sdn Bhd v. Fieldwork Engineering Sdn Bhd [2003]
1 CLJ 777; and Ho Siew Choong & Ors v. Everworth Sdn Bhd [2005] 2 CLJ 273 by
the Hon. Tuan Harmindar Singh Dhaliwal;
(h) Section 243 stays by the Hon. Dato Zakiah binti Kassim;
(i)
The Liquidator Appointment, Remuneration, Disqualification by the Hon. Tuan

Samsudin bin Hassan;
(j)
Powers and duties of Liquidators, control by Court over Liquidators by the Hon.
Datuk Abdul Karim bin Abdul Jalil;
(k) Section 223 Avoidance of Disposition of property by the Hon. Dato Hashim bin
Hamzah;
(l)
Applications under Section 176; in particular discuss the issue in Re PECD Bhd
& Anor (No:2) 10 CLJ 486 and Pelangi Airways Sdn Bhd v. Mayban Trustees Bhd
[2001] 6 CLJ 129 by the Hon. Datuk Wira Kamaludin bin Md. Said;
(m) Security for costs in respect of companies by the Hon. Datin Hajah Azizah binti
Haji Nawawi;
(n) The Indoor Management Rule in Royal British Bank v. Turquard; and the application
of this rule by Malaysian Courts (Pekan Nenas case: [1998] 1 CLJ 793) by the Hon.
Dato Asmabi binti Mohamad; dan
(o) Directors Breach of Fiduciary Duty by the Hon. Puan Rosilah binti Yop.
The Hon. Datuk Abdul Karim bin Abdul Jalil presenting Powers and Duties of Liquidators, Control by
Court over Liquidators.
Annual Report 2013
37
Course entitled How to Deal with Cases Under Section 39B of the Dangerous Drugs
Act 1952
A course entitled How to Deal with Cases Under 39B of the Dangerous Drugs Act 1952
was held from 23-24 February 2013. The facilitators were Tan Sri Ahmad bin Haji Maarop,
Federal Court Judge; the Hon. Dato Sri Haji Mohamed Afandi bin Haji Ali, Court of Appeal
Judge; and the Hon. Dato Azahar bin Mohamed, Court of Appeal Judge.
The Academy Director and facilitators of the How to Deal with Cases Under 39B of the Dangerous Drugs
Act 1952 course, from left, the Hon. Dato Mohamad Ariff bin Md. Yusof, Court of Appeal Judge, the Hon.
Dato Sri Haji Mohamed Afandi bin Haji Ali, Court of Appeal Judge, the Hon. Tan Sri Ahmad bin Haji Maarop,
Federal Court Judge, and the Hon. Dato Azahar bin Mohamed, Court of Appeal Judge.
A total of 14 participants attended this course. They were made up of 10 High Court Judges
and 4 Judicial Coomissioners as per Table 9:
Table 9: Participants of How to Deal with Cases Under
Section 39B of the Dangerous Drugs Act 1952
No.
Name
1.
The Hon. Dato Zainal Adzam bin Abd. Ghani
High Court Judge,Ipoh
2.
The Hon. Datuk Siti Mariah binti Haji Ahmad
High Court Judge, Seremban
3.
The Hon. Dato Haji Abd. Halim bin Aman
4.
The Hon. Datuk Nurchaya binti Haji Arshad
High Court Judge, Shah Alam
5.
The Hon. Dato Mohd. Azman bin Husin
6.
The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak
7.
The Hon. Dato Haji Zainal Azman bin Abdul Aziz
High Court Judge, Muar
8.
The Hon. Dato Mary Lim Thiam Suan
9.
The Hon. Puan Supang Lian
High Court Judge, Sibu
10.
The Hon. Tuan Stephen Chung Hian Guan
High Court Judge, Miri
11.
The Hon. Puan Choong Siew Khim
12.
The Hon. Tuan Lee Swee Seng
Judicial Commissioner, High Court, Ipoh
13.
14.
The Chief Judge of the High Court in Malaya in a picture with the facilitators and participants of the How to Deal with
Cases Under 39B of the Dangerous Drugs Act 1952course.
Annual Report 2013
39
Participants listening to the explanation given by the facilitators during the How to Deal with Cases Under 39B of the
Dangerous Drugs Act 1952course.
This course was divided into 2 sessions:

(i)
Presentation of discussion topics as determined by the facilitators were related

to the Dangerous Drugs Act 1952. Emphasis was given to the section 39B of
the said Act as well as other related laws such as the Criminal Procedure Code.
The topics of discussion were as follows:
(a)
Meaning of Prima Facie Case and Evaluation of Evidence at the End of

Prosecution Case by the Hon. Datuk Abdul Karim bin Abdul Jalil;
(b)
Chain of Evidence / Evidence by Chemist by the Hon. Datuk Nurchaya

binti Haji Arshad;
(c)
Direct Proof of Trafficking (Section 2 of The Dangerous Drugs Act 1952)

and Agent Provocateur/ Informer by the Hon. Dato Mohd Sofian bin Tan
Sri Abd. Razak;
(d)
Proof of Trafficking By Using Presumptions Section 37 (d), Section 37 (da)

and Other Presumptions Under Section 37 of Dangerous Drugs Act 1952
by the Hon. Puan Choong Siew Khim;
(e)
Reasonable Doubt and Evaluation of Evidence at the End of Defence

Case by the Hon. Dato Haji Abdul Halim bin Aman;
(f)
Section 27 And Section 8 of The Evidence Act by the Hon. Dato Mohd.
Azman bin Husin;
(g)
Common Intention (Section 34 of The Penal Code) by the Hon. Puan

Supang Lian;
(h)
Circumstancial Evidence In Drug Related Cases by the Hon. Tuan Stephen

Chung Hian Guan;
(i)
Corroboration by the Hon. Dato Mary Lim Thiam Suan;
(j)
Contradiction and Impeachment by the Hon. Dato Hashim bin Hamzah
(k)
Application of Section 422 of CPC and Section 167 of Evidence Act 1950
by the Hon. Datuk Siti Mariah binti Haji Ahmad;
(l)
Duty of Defence to Put its Case During Prosecutions Case and Adverse
Inference Section 114g of Evidence Act by the Hon. Tuan Lee Swee Seng;
(m) Section 90A of Evidence Act 1950 (Principles and Application) by the
Hon. Dato Zainal Adzam bin Abd. Ghani; dan
(n)
(ii)
Reduction of Charge by Court by the Hon. Dato Haji Zainal Azman bin
Abd. Aziz.
8 grounds of judgment of criminal cases related to section 39B chosen by the

facilitators were also discussed. The cases discussed were as follows:
(a)
Mahkamah Tinggi Ipoh - Perbicaraan Jenayah

No. 45-17-2001: Pendakwa Raya lawan Lee Kwan Woh
(Case introduction by the Hon. Datuk Siti Mariah binti Haji Ahmad);
(b) Mahkamah Tinggi Muar - Perbicaraan Jenayah

No. 45-22-2001: Pendakwa Raya lawan Zulkifli bin Arshad.
(Case introduction by the Hon. Dato Haji Abdul Halim bin Aman);
(c)
Mahkamah Tinggi Kota Bharu - Perbicaraan Jenayah

No. 45-6-2002: Pendakwa Raya lawan Mr. Ouseng Sama-Ae.
(Case introduction by the Hon. Dato Mohd Sofian bin Tan Sri Abd. Razak);
(d) Mahkamah Tinggi Shah Alam - Perbicaraan Jenayah

No. MT(1)45-175-2007: Pendakwa Raya lawan Yap Wai Yenn.
(Case introduction by the Hon. Puan Choong Siew Khim);
(e)
Mahkamah Tinggi Kuantan - Perbicaraan Jenayah

No. 45-4-2006: Pendakwa Raya lawan Ahmad Zuhaidi bin Ali dan Asmiezal
bin Ismail.
(Case introduction by the Hon. Dato Mohd. Azman bin Husin);
(f)
Mahkamah Tinggi Shah Alam - Perbicaraan Jenayah

No. 45-72-2005: Pendakwa Raya lawan Azmani bin Che Rose.
(Case introduction by the Hon. Dato Hashim bin Hamzah);
(g)

No. 45-45-2002: Pendakwa Raya lawan Ong Lock Soon.
(Case introduction by the Hon. Datuk Abdul Karim bin Abdul Jalil); dan
(h)

No. 45-48-2007: Pendakwa Raya lawan Isidro Leonardo Quito Cruz.
(Case introduction by the Hon. Dato Zainal Adzam bin Abd. Ghani).
Annual Report 2013
41
The Hon. Dato Haji Abdul Halim bin

Aman presenting Reasonable Doubt and
Evaluation of Evidence at the End of Defence
Case
The Hon. Puan Supang Lian presenting

Common Intention (Section 34 of The Penal
Code)

presenting Contradiction and Impeachment
Course entitled Appellate Intervention and Revision

A course entitled Appellate Intervention and Revision was held from 6-7 July 2013. The
facilitators were the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal,
and the Hon. Datuk Zaharah binti Ibrahim, Court of Appeal Judge.
The facilitators of the Appellate Intervention and Revision course were the Rt. Hon. Tan Sri Md Raus bin Sharif,
President of the Court of Appeal and the Hon. Datuk Zaharah binti Ibrahim, Court of Appeal Judge.
A total of 14 paticipants attended this course comprising 11 High Court judges and 3 Judicial
Commissioners. The list of participants is as per Table 10:
Table 10: List of Participants of Appellate Intervention and Revision
No.
Name
1.
The Hon. Dato Haji Abdul Halim bin Aman
2.
The Hon. Dato Mohd. Zaki bin Md. Yasin
High Court Judge, Pulau Pinang
3.
4.
The Hon. Dato Ahmad Zaidi bin Ibrahim
High Court Judge, Kota Bharu
5.
The Hon. Dato Sri Mariana binti Haji Yahya
High Court Judge, Kuantan
6.
The Hon. Dato Haji Azman bin Abdullah
High Court Judge, Kota Bharu
7.
The Hon. Dato Haji Zainal Azman bin Abdul Aziz
High Court Judge, Muar
8.
The Hon. Dato Ahmadi bin Haji Asnawi
9.
The Hon. Dato Zamani bin A. Rahim
High Court Judge, Pulau Pinang
10.
The Hon. Dato Abdul Rahman bin Sebli
11.
The Hon. Puan Amelia Tee Hong Geok binti Abdullah
12.
The Hon. Tuan Teo Say Eng
13.
The Hon. Dato Mohd. Zaki bin Abdul Wahab
Judicial Commissioner, High Court, Kangar
14.
The Hon. Tuan Samsudin bin Hassan
Annual Report 2013
43
The Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal in a picture with the participants of the
Appellate Intervention and Revision course.
The participants were divided into 6 groups comprising 4 persons each who presented
topics as determined by the facilitators. The topics for each group were as follows:
(a)
Group 1
Appellate Intervention on Judicial Review
Presenter:
The Hon. Dato Haji Abdul Halim bin Aman
Members:
1. The Hon. Puan Amelia Tee Hong Geok binti Abdullah
2. The Hon. Dato Mohd. Zaki bin Abdul Wahab
3. The Hon. Tuan Samsudin bin Hassan
(b)
Group 2
Appellate Intervention on Sentencing
Presenter:
The Hon. Dato Mohd. Zaki bin Md. Yasin
Members:
1. The Hon. Dato Ahmad Zaidi bin Ibrahim
2. The Hon. Dato Abdul Rahman bin Sebli
3. The Hon. Tuan Teo Say Eng
(c)
Group 3
Appellate Intervention on Finding of Facts
Presenter:
Members:
1. The Hon. Dato Sri Mariana binti Haji Yahya
2. The Hon. Dato Ahmadi bin Haji Asnawi
3. The Hon. Dato Zamani bin A. Rahim
(d)
Group 4
Appellate Intervention in Running Down Cases
Presenter:
The Hon. Dato Ahmad Zaidi bin Ibrahim
Members:
1. The Hon. Dato Mohd. Sofian bin Tan Sri Abd. Razak
2. The Hon. Dato Ahmadi bin Haji Asnawi
3. The Hon. Tuan Teo Say Eng
(e)
Group 5
Revisionary Powers of a High Court Judge
Presenter:
The Hon. Dato Haji Azman bin Abdullah
Members:
1. The Hon. Dato Haji Abdul Halim bin Aman
2. The Hon. Dato Mohd. Zaki bin Md. Yasin
3. The Hon. Tuan Samsudin bin Hassan
(f)
Group 6
Limits to Appellate Criticism
Presenter:
The Hon. Dato Sri Mariana binti Haji Yahya
Members:
1. The Hon. Puan Amelia Tee Hong Geok binti Abdullah
2. The Hon. Dato Haji Zainal Azman bin Abdul Aziz
3. The Hon. Dato Abdul Rahman bin Sebli
Annual Report 2013
45
The participants listening to the explanation given by the facilitators during the Appellate Intervention and Revision
course.
Judicial Seminars
In 2013, a Seminar for Judges of the Federal Court and Court of Appeal was held for the
first time from 15-118 Ddecember 2013 in Pulai Springs, Johor Bahru. A total of 32 judges
attended this seminar. They were the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice; the Rt.
Hon. Tan Sri Md Raus bin Sharif, President of the Court of Appeal; the Rt. Hon. Tan Sri Dato
Seri Zulkefli bin Ahmad Makinudin, Chief Judge of Malaya; 10 Federal Court Judges; and 19
Court of Appeal Judges.
The Rt. Hon. Tun Arifin bin Zakaria, Chief Justice, the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the Court of
Appeal and the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin, Chief Judge of the High Court in Malaya
during the seminar.
Annual Report 2013
47
The list of judges who attended the seminar is as follows:

Chief Justice
1.
The Rt. Hon. Tun Arifin bin Zakaria

2.
The Rt. Hon. Tan Sri Md Raus bin Sharif

3.
The Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin
Federal Court Judges

4.
The Hon. Tan Sri Dato Abdull Hamid bin Embong
5.
The Hon. Tan Sri Datuk Haji Suriyadi bin Halim Omar
6.
The Hon. Tan Sri Dato Ahmad bin Haji Marop
7.
The Hon. Dato Hasan bin Lah
8.
The Hon. Datin Paduka Zaleha binti Zahari
9.
The Hon. Datuk Zainun binti Ali
10.
The Hon. Dato Jeffrey Tan Kok Wha
11.
The Hon. Dato Sri Haji Mohamed Apandi bin Haji Ali
12.
The Hon. Dato Sri Abu Samah bin Nordin
13.
The Hon. Datuk Ramly bin Haji Ali
Court of Appeal Judges

14.
The Hon. Datuk Abdul Wahab bin Patail
15.
The Hon. Datuk Zaharah binti Ibrahim
16.
The Hon. Datuk Linton Albert
17.
The Hon. Dato Balia Yusof bin Haji Wahi
18.
The Hon. Dato Alizatul Khair bin Osman Khairuddin
19.
The Hon. Dato Aziah binti Ali
20.
The Hon. Datuk Wira Mohtarudin bin Baki
21.
The Hon. Dato Abdul Aziz bin Abdul Rahim
22.
The Hon. Dato Mohamad Ariff bin Md Yusof
23.
The Hon. Dato Mah Weng Kwai
24.
The Hon. Datuk David Wong Dak Wah
25.
26.
The Hon. Dato Tengku Maimun binti Tuan Mat
27.
The Hon. Dato Haji Zawawi bin Salleh
28.
The Hon. Datuk Dr. Hamid Sultan bin Abu Backer
29.
The Hon. Dato Seri Zakaria bin Sam
30.
The Hon. Dato Abang Iskandar bin Abang Hashim
31.
32.
The Hon. Dato Varghese a/l George Varughese
The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High Court in
Malaya in a picture with the Judges of the Federal Court and Court of Appeal during the Seminar for Judges of the Federal
Court and Court of Appeal.
Participants listening to a Federal Court Statistics presentation.
Annual Report 2013
49
The aim of the seminar was to discuss measures needed to improve the management and
administrative systems of the Federal Court and Court of Appeal. The seminar was divided
into 3 sessions, namely:
(i)
First session Presentation of Federal Court and Court of Appeal

statistics
(ii)
Second session Identifying weaknesses in the disposal of cases to

improve the performance of the Federal Court and Court of Appeal. The
introduction to issues related to civil cases was presemted by the Hon.
Dato Jeffrey Tan Kok Wha, Federal Court Judge, while the introduction
to issues related to criminal cases was presented by the Hon. Dato Sri
Haji Mohamed Apandi bin Haji Ali, Federal Court Judge. The introduction
to issues related to NCvC/NCC cases was presented by the Hon. Datuk
Zaharah binti Ibrahim, Court of Appeal Judge; and
(iii)
Third session The several discussions presented were on Ethics in Open

Court by the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice, Judgment Writing
by the Rt. Hon. Tan Sri Md Raus bin Sharif and Format for Submissions by
Lawyers by the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin,
Chief Judge of the High Court in Malaya.
Some of the participants of the Seminar for Judges of the Federal Court and Court of Appeal.
At the end of the seminar several suggestions were agreed upon for implementation to
improve the management and administrative systems in both the Federal Court and Court
of Appeal.
Inter-Agency Joint Programmes

In 2013, the Judicial Academy expanded its network by working with Bank Negara Malaysia
(BNM) and the Kuala Lumpur Regional Centre for Arbitration (KLRCA) in organising courses
for judges.
3 programmes were held as follows:
(i)
Islamic Finance Workshop Series for Judges: Managing Islamic Banking

Cases
(ii)
The Construction Industry Payment and Adjudication Act 2012: The Role of
the Court
(iii)
Construction Law: Issues and Challenges
Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases
The Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases,
which is a collaboration for the first time between the Judicial Academy and BNM, was held
from 28-29 June 2013. A total of 85 participants comprising 56 Judges from the Federal
Court, Court of Appeal, High Court and Judicial Commissioners as well as 29 Legal Officers
attended this workshop.
The Rt. Hon. Tun Arifin bin Zakaria, Chief Justice, YBhg. Tan Sri Zeti Akhtar Aziz, Governor of Bank Negara Malaysia,
YABhg. Tun Abdul Hamid bin Mohamad, former Chief Justice, the Rt. Hon. Tan Sri Md Raus bin Sharif, President of the
Court of Appeal, the Rt. Hon. Tan Sri Dato Seri Zulkefli bin Ahmad Makinudin, Chief Judge of the High Court in Malaya
in a picture with the participants of the Islamic Finance Workshop Series for Judges: Managing Islamic Banking Cases
workshop.
Annual Report 2013
51
The objective of this workshop was to expose judges to the current issues and major
challenges faced by Islamic banking institutions in relation to the law. As such, the workshop
was structured to discuss salient aspects in managing Islamic banking cases as follows:
The Rt. Hon. Chief Justice, the Rt. Hon. President of the
Court of Appeal and the Rt. Hon. Chief Judge of the High
Court in Malaya and participants of the Islamic Finance
Workshop Series for Judges: Managing Islamic Banking
Cases workshop.
A picture of some of the lecturers during the Islamic

Finance Workshop Series for Judges: Managing Islamic
Banking Cases workshop.
A total of 10 speakers who are specialists in their respective fields of Islamic Finance / Law
were invited to speak at the workshop as follows:
(i)
YABhg. Tun Abdul Hamid Mohamad, former Chief Justice and Chairman, Law
Harmonisation Committee of Bank Negara Malaysia;
(ii)
The Hon. Dato Rohana Yusuf, Court of Appeal Judge;
(iii)
The Hon. Dato Haji Mohd. Zawawi Salleh, Court of Appeal Judge;
(iv)
Dr. Asyraf Wajdi Dato Dusuki, Yang Dipertua of the Yayasan Dakwah Islamiah
Malaysia (YADIM);
(v)
Prof. Dr. Engku Rabiah Adawiah Engku Ali, Lecturer, International Islamic
University;
(vi)
Assoc. Prof. Dr. Aznan Hassan, Lecturer, International Islamic University;
(vii)
Mr. Mohamed Ridza Abdullah, Managing Partner, Messrs. Mohamed Ridza

and Co.;
(viii)
Mr. Rafe Haneef, Chief Executive Officer, HSBC Amanah Malaysia;
(ix)
Dr. Mohd. Daud Bakar, Chairman, Syariah Advisory Council, Bank Negara
Malaysia; and
(x)
Mr. Wan Mohd. Nazri Wan Osman, Director, Islamic Banking and Takaful
Department, Bank Negara Malaysia;
This programme was officiated by the Rt. Hon. Tun Arifin bin Zakaria, Chief Justice. Also in
attendance was YBhg. Tan Sri Zeti Akhtar Aziz, Governor of Bank Negara.
The Rt. Hon. Chief Justice officiating at the Islamic

Finance Workshop Series for Judges: Managing Islamic
Banking Cases workshop.
The Rt. Hon. Chief Justice and the Governor of Bank

Negara during the officiating ceremony.
Annual Report 2013
53
The lecture topics and discussion panels were as follows:
(i)
Session 1 - Fundamentals of Islamic Finance

By Dr. Asyraf Wajdi bin Dato Dusuki
(ii)
Session 2 - Key Shariah Contracts for Islamic Finance - 1

By Prof. Dr. Engku Rabiah Adawiah binti Engku Ali
(iii)
Session 3 - Key Shariah Contracts for Islamic Finance - 2

By Assoc. Prof. Dr. Aznan bin Hasan
(iv)
Session 4 - Sukuk
By Mr. Rafe Haneef
(v)
Session 5 - Corporate Banking

By Mr. Mohamed Ridza bin Abdullah
(vi)
Discussion Panel 1 Islamic Banking Infrastructure
(v)
(a)
Islamic Financial Services Act

By Encik Wan Mohd Nazri bin Wan Osman
(b)
Some Observations on Settlement of Disputes in Islamic

Finance Cases, SAC, Order 42 Rule 12A ROC 2012 and Ibra
By YABhg. Tun Abdul Hamid Mohamad
(c)
Shariah Ruling Ascertainment Process

By Dr. Mohd. Daud Bakar
Discussion Panel 2 Managing Islamic Banking Cases
(a)
(b)
The Hon. Dato Haji Mohd. Zawawi bin Salleh
The Construction Industry Payment and Adjudication Act 2012: The Role
of the Court Seminar
This programme is a collaborative effort by the Judicial Academy together with the KLRCA and the Office of
the Chief Registrar of the Federal Court. The programme was officiated by the Rt. Hon. Tun Arifin bin Zakaria,
Chief Justice.
The Rt. Hon. Chief Justice officiating at the The Construction Industry Payment and Adjudication Act 2012: The Role of
the Court seminar.
The Rt. Hon. Chief Justice and the Rt. Hon. Chief Judge of the High Court in Sabah and Sarawak with the lecturers of
the The Construction Industry Payment and Adjudication Act 2012: The Role of the Court seminar.
Annual Report 2013
55
For this programme, KLRCA had invited 2 foreign speakers who are experts in their respective
fields of construction law namely, Mdm. Rashda Rana from Australia and Mr. Adrian Hughes
QC from the United Kingdom. Ir. Harbans Singh, an arbitrator who specialises in construction
law and alternative dispute resolution, was also invited as facilitator in this seminar. The
59 particpants comprised 41 High Court Judges and 18 Judicial Commissioners. Also in
attendance were 56 Judicial Commissioners.
The Rt. Hon. Chief Justice and the Rt. Hon. Chief Judge of
the High Court in Sabah and Sarawak and participants of
the The Construction Industry Payment and Adjudication
Act 2012: The Role of the Court seminar.
Some of the participants of the The Construction Industry

Payment and Adjudication Act 2012: The Role of the Court
seminar.
This seminar was divided into 8 sessions and the issue discussed were as follows:
(a)
Session 1 - The Framework of the CIPAA : The Legislation Overview
(b)
Session 2 - How CIPAA works
(c)
Session 3 - Special Features of Construction Contracts
(d)
Session 4 - Special Features of Construction Contracts (Sambungan)
(e)
Session 5 - Basis for Court involvement: When things go wrong/

Challenges
(f)
Session 6 - Basis for Court involvement: When things go wrong/

Challenges (Sambungan)
(g)
Session 7 - Discussion of the Decision Maing Process
(h)
Session 8- Review of Mock Adjudication Determination
Construction Law: Issues and Challenges Workshop

The Construction Law: Issues and Challenges Workshop was held from 10-11 October
2013. It is the second collaboration with the KLRCA. This workshop was facilitated by Ir.
Harbans Singh, an arbitrator who specialises in construction law and alternative dispute
resolution.
The Rt. Hon. Chief Justice officiating at the Construction Law: Issues and Challenges workshop.
Annual Report 2013
57
A total of 19 judges attended this meeting and the list of participants who attended this
workshop is as per Table 11.
Table 11: List of Participants of the Workshop on Construction
Law: Issues and Challenges
No.
Nam;e
1.
The Hon. Dato Alizatul Khair binti Osman Khairudin
2.
The Hon. Dato Abdul Aziz bin Abdul Rahim
3.
The Hon. Dato Haji Mohd. Zawawi bin Salleh
4.
The Hon. Dato Mohamad Zabidin bin Mohd. Diah
High Court, Shah Alam
5.
6.
The Hon. Dato John Louis OHara
High Court, Kuala Lumpur
7.
The Hon. Tuan Vernon Ong Lam Kiat
8.
The Hon. Datin Zabariah binti Mohd. Yusof
High Court, Seremban
9.
The Hon. Datin Yeoh Wee Siam
10.
The Hon. Dr. Prasad Sandosham Abraham
11.
The Hon. Datuk Hasnah binti Dato Mohammed Hashim
12.
The Hon. Dato Nik Hasmat binti Nik Mohamad
13.
The Hon. Datuk Hanipah binti Farikullah
14.
The Hon. Dato Zakiah binti Kassim
Judicial Commissioner, High Court, Alor Setar
15.
The Hon. Puan See Mee Chun
16.
17.
18.
The Hon. Datuk Wira Kamaludin bin Md. Said
19.
The Hon. Tuan Abu Bakar bin Jais
The facilitator Ir. Harbans Singh during the Construction

Law: Issues and Challenges workshop.
Workshop participant the Hon. Puan See Mee Chun

directing a question to the facilitators.
The workshop was divided into 8 modules that emphasised the main issues commonly
encountered in the construction industry. Those modules are as follows:
(a)
Module 1 : Project Implementation
(b)
Module 2 : Contract Procurement Methods
(c)
Module 3 : Commencement and Design Development
(d)
Module 4 : The Tender and Contract Formation Process
(e)
Module 5 : Contract Implementation
(f)
Module 6 : Financial Issues
(g)
Module 7 : Non-Completion and Effects
(h)
Module 8 : Completion and Finalization
Overall, the judges were of the view that the courses organised achieved their respective
objectives, met with their expectations and was successful in increasing their understanding
of technical issues unique to the construction industry, Islamic banking and law.
Annual Report 2013
59
Judicial Outreach Programme

The Rt. Hon. Chief Justice is credited with initiating the Judicial Outreach Programme. The
objectives of the outreach programme are:
(i)
(ii)
(iii)
(iv)
to build esprit de corp;

to emphasise the importance of caring for the environment;
to better understand the laws of specific areas; and
to facilitate the exchange of ideas among participants.
The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High Court
in Malaya and participants of the Judicial Outreach Programme.
The Rt. Hon. Chief Justice with group

members during the Team Building
activity.
The Rt. Hon. President of the Court of

Appeal with group members during the
Team Building activity.
The Rt. Hon. Chief Judge of the High

Court in Malaya with group members
during the Team Building activity.
Annual Report 2013
61
Apart from judges who are selected, the Chief Justice, the President of the Court of
Appeal and both the Chief Judges also attends each outreach programme.
In 2013 the Outreach Programme was held in Gemia Island, Marang, Teregganu from 6-8
September 2013 and included 30 participants. The activities in the programme this time
invovlved physical endurance, team building and creating awareness towards caring for
the environment, flora and fauna as well as the relevant laws applicable. A talk was also
given by a representative from the Malaysian Maritime Enforcement Agency (MMEA) on
issues and challenges faced in maritime enforcement in Malaysia.
The Rt. Hon. Chief Justice, the Rt. Hon. President of the Court of Appeal and the Rt. Hon. Chief Judge of the High
Court in Malaya and participants of the Judicial Outreach Programme listening to a talk presented by the Malaysian
Maritime Enforcement Agency (MMEA).
OFFICE OF THE
SECRETARY
JUDICIAL
APPOINTMENTS
COMMISSION
Annual Report 2013
63
INTRODUCTION
The Office of the Secretary of the Judicial Appointments Commission is responsible for
carrying the decisions of the Judicial Appointments Commission including affairs relating to
administration, service and finance. At the helm of the secretariat is the Secretary, a PTD
officer at Grade JUSA B and 13 other permanent positions.
Each year has seen the functions of the Office of the Secretary expand in line with section
19(3) of the Judicial Appointments Commission Act 2009 (Act 695) such as the managing of
the Judges Declaration of Assets, amendments to the Judges Remuneration Act 1971 (Act
45), as secretariat to the Judicial Academy preparing more organised training for superior
court judges and managing the candidature for State and Federal awards to judges.
As a result of the expansion to its functions, there was a structural reorganisation of the
Office of the Secretary via Warrant No.A149 of 2012 dated 25 July 2012 effective 16 July
2013. The reorganisation did not involve any increase in manpower. It was carried out to
strengthen the organisational structure of the Office of the Secretary to face more complex
responsibilities which are constantly evolving.
The structure of the Office of the Secretary of the Judicial Appointments Commission after
the restructuring exercise is as follows:
JAC Organisation Chart
SECRETARY
DATUK HAMIDAH BT. KHALID
DEPUTY SECRETARY
WAN KHAIRILANWAR B. WAN MUHAMMAD
APPOINTMENTS AND
INTERNATIONAL RELATIONS
UNIT
SENIOR PRINCIPAL ASSISTANT
SECRETARY (L)
HASLINDA BT. MOHAMMAD

TAJUDIN
RESEARCH AND
PUBLIC RELATIONS UNIT
PRINCIPAL ASSISTANT
SECRETARY (R)
KEVIN GEH KIEN MENG
HUMAN RESOURCE,
INNOVATION
AND ADMNISTRATION UNIT
EXECUTIVE OFFICER
ROKIAH BT. ABDULLAH
ADMINISTRATIVE ASSISTANT
(CLERICAL/OPERATIONS)
IDRIS B. HJ MOHD YUSOFF
DRIVER
SONID B. NURUDDIN
OFFICE ASSISTANT
NOR MOHD FAREEZ B. NORDIN
OFFICE SECRETARY
ROSILAWATI BT. ISHAK
OFFICE SECRETARY
WAN SITI KHADIJAH BT. WAN MOHMAD
FINANCE UNIT
PRINCIPAL ASSISTANT SECRETARY (K)
NIK AHMAD ZAHIRUDDIN B. NIK SALEH
ADMINISTRATIVE ASSITANT
(FINANCE)
MAZIYATUN BT. MOHAMAD
INFORMATION TECHNOLOGY
UNIT
ASSISTANT INFORMATION
TECHNOLOGY OFFICER
NURUL HUDA BT. ZAINI @ NORANI
FINANCIAL ALLOCATION
In 2013, an allocation of RM2,498,100 was approved for this Office. It included emoluments which is made up
of allowances and repayments at RM1,338,400, training at RM202,012.04 as well as services and supplies at
RM957,687.96. The breakdown as received is as follows:
ALLOCATION
Services and Supplies

RM957,687.96
Allowances and Repayments

RM1,338.400
Training
RM202,012.04
Annual Report 2013
65
WORKING VISITS OVERSEAS

In order to expand on and develop a working relationship with foreign training institutes,
a working visit overseas was organised in 2013. This working visit to London from 15-18
January 2013 was led by the Hon. Dato Mah Weng Kwai, Court of Appeal Judge, as a
committee member of the Judicial Academy who was accompanied by 2 officers from the
Office of the Secretary of the Judicial Appointments Commission.
The places visited were the Supreme Court Office, the Judicial Appointments and Conduct
Ombudsman, the Judicial College London and the Judicial Appointments Commission
(JAC).
The Hon. Dato Mah Weng Kwai also attended a seminar entitled Public Family Law in
Northamptonfrom 15-16 January 2013 which was organised by the Judicial College
London.
The working visit to the Judicial Appointments Commission (England and Wales) on 18
January 2013 was led by the Rt. Hon. Chief Justice who was in London at that time for
another official function. The purpose of the visit to the JAC was:
(i)
to look at the process of candidature, selection and appointment of superior

court judges in the United Kingdom; and
(ii)
to indentify best practices to be applied to the procedure for selecting superior

court judges in Malaysia.
As a result of this visit, it was found that judges in the United Kingdom are observed
and assessed on the aspects of intellectual ability, integrity in decision making, ability to
understand and judge, ability to communicate especially with parties to a case and hearing,
capability and efficiency in court.
A discussion session between the

Rt. Hon. Tun Arifin bin Zakaria, Chief
Justice and representatives of the
Judicial Appointments Commission,
London.
From left: John Rodley, Director of Operational

Serivces, The Rt. Hon. Tun Arifin bin Zakaria, Chief
Justice, Mr. Christopher Stephens, Chairman,
Judicial Appointments Commission (England and
Wales) and the Hon. Dato Mah Weng Kwai, Court of
Appeal judge.
The Hon. Dato Mah Weng

Kwai and officers of the JAC
Secretarys Office (Malaysia)
with Judge John Philips and
Prof. Jeremy Cooper from the
Judicial College London.
Officers from the JAC Secretarys

Office (Malaysia) with Ms. Jenny Rowe,
Chief Executive Supreme Court.
Annual Report 2013
67
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ANNUAL REPORT

JUDICIAL APPOINTMENTS COMMISSION

Members of the Judicial Appointments Commission

Appointment of Superior Court Judges 2013

Training of Superior Court Judges 2013

Office of the Secretary, Judicial Appointments Commission

Annual Report 2013

Assalamualaikum warahmatullahi wabarakatuh

4 Annual Report 2013

Despite budgetary constraints, the Academy had successfully organised 8 training

TUN ARIFIN BIN ZAKARIA

Annual Report 2013

8 8 Annual Report 2013

Annual Report 2013

MEMBERS OF THE JUDICIAL APPOINTMENTS

YBhg. Tan Sri Haidar bin Mohamed Noor

YBhg. Datuk Seri Panglima Sulong Matjeraie

YBhg. Dato Selventhiranathan a/l Thiagarajah

YBhg. Dato Tee Ah Sing @ Tee Boon Hooi

10 Annual Report 2013

The Rt. Hon. Tun Arifin bin Zakaria

Annual Report 2013

The Rt. Hon. Tan Sri Md Raus bin Sharif

The Rt. Hon. Tan Sri Dato Seri Zulkefli

The Rt. Hon. Tan Sri was appointed as Judicial

12 Annual Report 2013

The Rt. Hon. Tan Sri Datuk Seri Panglima

The Hon. Tan Sri Abdull Hamid bin Embong

The Hon. Tan Sri was appointed as Judicial

Annual Report 2013

YBhg. Tan Sri Haidar bin Mohamed Noor

YBhg. Datuk Seri Panglima Sulong Matjeraie

14 Annual Report 2013

YBhg. Dato Selventhiranathan a/l Thiagarajah

YBhg. Dato Tee Ah Sing @ Tee Boon Hooi

Annual Report 2013

Annual Report 2013

JUDICIAL APPOINTMENTS COMMISSION MEETINGS

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Kuantan Court Complex,

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Meeting Room of the Chief Justice, Level 5, Istana

Johor Bahru High Court

18 Annual Report 2013

Table 2: Constitution of the Courts

President of the Court of Appeal

Chief Judge of the High Court in Malaya

Chief Judge of the High Court in Sabah and Sarawak

High Court in Malaya

High Court in Sabah and Sarawak

In 2013, Selection Meetings were held a total of 4 times as per Table 3.

Federal Court Judge, Court of Appeal Judge and Judicial

Federal Court Judge

High Court Judge

Annual Report 2013

Judicial Appointments Commission Meeting at the Kuantan Court Complex, Pahang.

THE SELECTION PROCESS