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Authored by: Nurdiyana Farah Binti Roslan Edited by: Aisha Husna binti Hapidra and Larissa Ann One’s right to life is duly safeguarded in the Federal Constitution, in particular, Article 5 where it is said that no person shall be deprived of life or personal liberty so long as it is in accordance with the law. Euthanasia is one of the treatments that make up a part of an end-of-life care, which falls within...
‘Res Ipsa Loquitur’ - The Fact Speaks for Itself BY JESSICA WONG YI SING   INTRODUCTION The Latin phrase ‘Res Ipsa Loquitur’ means ‘the fact speaks for itself”. It is a maxim often invoked by a plaintiff in negligence cases where it is almost impossible for the plaintiff to prove the negligence on the part of the defendant for the plaintiff has no precise and accurate knowledge of the...
Unfinished Business with Abortion Rights Authored by: Belinda Chow Jia Hui Edited by: Aisha Husna binti Hapidra and Malcolm Gan   I. General Overview of Abortion This month, THURights with Ha K ita focuses on one of the most controversial topics of discussion; The Right To Life and abortion. We were pleased to have Miss Lahvee and Miss Laxmi, both of whom are...
BY LUM MAN CHAN In Malaysia, a foreign judgment cannot be directly enforced and must be first recognized by a Malaysian court. In instances where a foreign judgment is obtained in countries stipulated under the First Schedule of Reciprocal Enforcement of Judgment Act 1958 (REJA) (“reciprocating country”), the judgment creditor may commence enforcement proceeding by first registering the same under section 4(1) of REJA. The...
Understanding Down Syndrome Community by HaKita Authored by: Belinda Chow Jia Hui Edited by: Aisha Husna bindi Hapidra   Down Syndrome Typically, babies are born with 46 chromosomes. However, babies with Down syndrome (DS) would have an extra copy of one of these chromosomes which is chromosome 21. The extra copy of the chromosomes changes the development of the baby’s brain and body and people with DS would face...
All About Health by HaKita Authored by: Belinda Chow Jia Hui Edited by: Larissa Ann   Understanding Right to Health The right to health is considered as a worldwide fundamental human right with World Health Day being celebrated every year on the 7th of April. The right to health is one of the rights adopted in domestic law and constitutional law globally. According to the World Health...
Property Transactions: When State Authority Consent is Required BY TEOH JACKLINE The State Authority Consent is required when the State Authority places a restriction in interest in the Land or Property. In the scenario, the Land or Property cannot be sold or transferred without the approval of the State Authority. Section 5 of the National Land Code 1965 states that a restriction in interest is any limitation imposed...
Authored by: Belinda Chow Jia Hui Edited by: Aisha Husna binti Hapidra   Pro Bono Pro bono publico or better known as pro bono carries the meaning of ‘for the public good’. It is a common term i n the legal field where lawyers would provide free or at a reduced rate for legal service s to people in need on a pro bono basis for the public interest. It is seen as a way of imparting...
BY TAN LEE WEEI   If you are running a business with two or more partners , it is crucial to have a written partnership agreement which spells out a clear understanding of the rules and arrangements applying to your business relationship, even if your partners are your best buddies or family members. Although it is not compulsory under the Malaysian Partnership Act 1961, it is more desirable to have a partnership...
Authored by: Aisha Husna binti Hapidra   We live in a multicultural society where other races and religions are allowed to be practiced in Malaysia. In relation to religion, every person has the right to three things – the right to profess, to practice and, subject to Article 11(4), to propagate his religion. Furthermore, under Article 3(1) of the Federal Constitution (‘FC’), it states that “Islam is...
“What’s New With The Employment Act?” Co-Authored by Sherylin Choy Pei Zhen & Belinda Chow Jia Hui Edited by: Aisha Husna binti Hapidra HaKita (Our Rights)   “Keep in the know and be interested in knowing” Zi Han, panellist of THURights with HaKita   Legislation Governing Employment Matters in Malaysia The main legislation governing employment law in Malaysia...
BY DESMOND LIEW Director’s liability under Section 75A of the Income Tax Act 1967 has always been under the close scrutiny of the Inland Revenue Board of Malaysia (“IRB”) . Many directors do not appear to know that they are being exposed to such liability until they are being slapped with a notice of assessment and/or being named as one of the defendants. Shareholders’ dispute, sleeping partners, the...