December 15, 2023
\r\n
\r\n
<\/div>\r\n<\/div>\r\n<\/div>\r\nTHE Federal Court of Malaysia has deemed Section 498 of the Penal Code unconstitutional, specifically the provision making it a crime for a man to entice a married woman.\r\n\r\nChief Justice (CJ) Tun Tengku Maimun Tuan Mat delivered the unanimous judgment of the five-member panel, asserting that the pre-Merdeka law is incompatible with Articles 162(6) and 162(7) of the Federal Constitution.\r\n\r\n\u201cWe are of the view that the provision is incapable of any modification as it will change the character of the offence. Therefore, the only possible means is to judicially repeal it,\u201d she said.\r\n\r\n
<\/a> Tun Tengku Maimun Tuan Mat (Photo credit: Bernama)<\/em>[\/caption]\r\n\r\nThe court determined that Section 498, which criminalises enticing, taking away or detaining a married woman with criminal intent must be judicially repealed as any modification would alter the offence's character.\r\n\r\nThe penalty for violating this section includes imprisonment for up to two years, a fine, or both.\r\n\r\nMoreover, the case stemmed from a 2020 incident where a 54-year-old businessman faced charges under Section 498 at the Petaling Jaya Magistrates' Court, prompted by a report from the woman's husband.\r\n\r\nIn March of this year, the Shah Alam High Court permitted the constitutional question to be referred to the Federal Court for examination.\r\n\r\nThe central legal issue was whether Section 498 violated the fundamental right to equality before the law, as outlined in Articles 8(1) and 8(2) of the constitution.\r\n\r\nFurthermore, the Federal Court with Chief Judge of Malaya Zabidin Diah and Justices Harmindar Singh Dhaliwal, Abu Bakar Jais and Abdul Karim Abdul Jalil unanimously answered in the affirmative.\r\n\r\nHowever,\u00a0 Tengku Maimun clarified that the ruling would only apply to future cases, not retroactively. The matter has been referred back to the Shah Alam High Court for a declaration and order under Section 85 of the Courts of the Judicature Act 1964.\r\n\r\nDuring the proceedings, Tengku Maimun noted that both parties agreed that Section 498 treated married women as possessions of their husbands. Counsel Jayarubbiny Jayaraj argued that the provision was archaic, paternalistic and infringed on the autonomy and dignity of women, emphasising its discriminatory nature and potential for abuse.\r\n\r\nDeputy public prosecutors Yusaini Amer Abdul Karim and Eyu Ghim Siang countered that Section 498 did not violate the constitution, asserting it was not discriminatory.\r\n\r\nThey contended that the provision aimed to protect the husband's right to maintain a marriage, considering the distinct criteria for protecting women in marriages from violence and crime. \u2013 Dec 15, 2023\r\n\r\n ","post_title":"Federal Court declares Section 498 unconstitutional in landmark ruling","post_excerpt":"The Federal Court of Malaysia has ruled Section 498 of the Penal Code unconstitutional, making it a crime for a man to entice a married woman. Penalties include imprisonment, a fine, or both.","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"federal-court-declares-section-498-unconstitutional-in-landmark-ruling","to_ping":"","pinged":"","post_modified":"2023-12-15 12:27:11","post_modified_gmt":"2023-12-15 04:27:11","post_content_filtered":"","post_parent":0,"guid":"https:\/\/focusmalaysia.my\/?p=155567","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"},{"ID":155572,"post_author":"103","post_date":"2023-12-15 12:27:52","post_date_gmt":"2023-12-15 04:27:52","post_content":"THE depth of experience possessed by Gobind Singh Deo and Datuk Seri Dr Dzulkefly Ahmad is invaluable to guide newer members in the Datuk Seri Anwar Ibrahim-led administration, said a think tank.\r\n\r\nSpeaking on NST<\/em>\u2019s \u201cBeyond the Headlines\u201d, Institute for Democracy and Economic Affairs (IDEAS) CEO Dr Tricia Yeoh noted that the complexity of government operations and understanding pertinent issues often takes considerable time for ministers to grasp, which impacts efficiency.\r\n\r\nAs such, the return of the two ministers who previously held positions in the previous Pakatan Harapan administration plays pivotal roles in influencing the effectiveness in the Cabinet, she added.\r\n\r\n\u201cI think the fact that you have two previous ministers who were in the Pakatan Harapan (PH) 1.0 administration actually does help because like it or not, when you are in the administration, experience counts for a lot,\u201d Yeoh said.\r\n\r\n\u201cIt\u2019s not just experience in the subject matter which is a lot to deal with already because from my conversations with some of these former ministers it took them at least one year, if not two, to understand the issues at hand [and to] navigate the complexities of government services and the various [related] agencies involved.\u201d\r\n\r\nTo recap, Dr Dzulkefly, who is also the Kuala Selangor MP, makes a return as Health Minister following the recent Cabinet reshuffle, while Damansara MP Gobind helms the newly-established Digital Ministry.\r\n\r\nYeoh further highlighted the need to take this experience and share that with the younger and newer ministers who did not have the advantage of being in the government previously.\r\n\r\nInclusivity over racial rhetoric<\/strong>\r\n\r\nMeanwhile, the IDEAS CEO went on to reiterate that the nation should shift from rhetoric focused on racial or religious identities within the Cabinet to emphasise the importance of inclusivity.\r\n\r\nShe said roles such as the Human Resources Minister should transcend and serve the interests of all citizens regardless of their ethnicity.\r\n\r\nYeoh was responding to former Penang deputy chief minister II Prof. Dr P. Ramasamy who said that the Cabinet reshuffle is a big disappointment to the Indians in the country as there were not enough Indian representation in the new administration.\r\n\r\nIn a Facebook post, the former Perai assemblyman said apart from the appointment of two Indians as deputy ministers, there was no appointment of an Indian as a minister, adding that if Anwar had respect for the Indian community he would have appointed two full Indian ministers and that there are qualified candidates in PKR and DAP.\r\n\r\nOn this matter, Yeoh acknowledged that relying on racial representation is tricky as it does not shoulder the pluralistic fabric of the Malaysian society.\r\n\r\n\u201cAs a Chinese person who works in a think tank dealing with public policy and research, I\u2019m not just writing about Chinese issues in the country. I\u2019m writing about the interest of all Malaysians, and I would expect the same from cabinet ministers as well,\u201d she stressed.\r\n\r\nAccording to Yeoh, having Steven Sim Chee Keong at the helm of the Human Resources Ministry does not mean that Indian interests will not be represented.\r\n\r\n\u201cLet\u2019s take the Prime Minister for instance. The Prime Minister stands for all Malaysians and that is a position that is required of you,\u201d she added.\r\n\r\n\u201cSimilarly, when PAS, which champions Islamic values and principles, was in the federal government, it had to moderate its views knowing that being in the federal government means having to represent the interests of all Malaysians.\u201d \u2013 Dec 15, 2023\r\n\r\n \r\n\r\nMain pic credit<\/em><\/strong>: Afiq Hambali\/Prime Minister\u2019s Office of Malaysia<\/em>","post_title":"Return of Gobind, Dr Dzul crucial in influencing Cabinet effectiveness, says think tank","post_excerpt":"The return of the two ministers who previously held positions in the previous Pakatan Harapan administration plays pivotal roles in influencing the effectiveness in the Cabinet, said IDEAS CEO Dr Tricia Yeoh.","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"return-of-gobind-dr-dzul-crucial-in-influencing-cabinet-effectiveness-says-think-tank-1","to_ping":"","pinged":"","post_modified":"2023-12-15 14:48:09","post_modified_gmt":"2023-12-15 06:48:09","post_content_filtered":"","post_parent":0,"guid":"https:\/\/focusmalaysia.my\/?p=155572","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"},{"ID":155564,"post_author":"101","post_date":"2023-12-15 12:18:05","post_date_gmt":"2023-12-15 04:18:05","post_content":"https:\/\/www.youtube.com\/watch?v=acFXn6Tmbco&ab_channel=ABCNews\r\n\r\n \r\n\r\nVladimir Putin's comments came during his annual press conference, which happened for the first time since Russia launched its invasion of Ukraine in February 2022.","post_title":"Russia\u2019s goals in war with Ukraine remain unchanged, Putin says","post_excerpt":"","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"russias-goals-in-war-with-ukraine-remain-unchanged-putin-says","to_ping":"","pinged":"","post_modified":"2023-12-15 11:20:36","post_modified_gmt":"2023-12-15 03:20:36","post_content_filtered":"","post_parent":0,"guid":"https:\/\/focusmalaysia.my\/?p=155564","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"},{"ID":155568,"post_author":"91","post_date":"2023-12-15 11:59:06","post_date_gmt":"2023-12-15 03:59:06","post_content":"AS the Environmental, Social, and Governance (ESG) theme takes centre stage globally, the Malaysian palm oil sector has not only been at the forefront of addressing issues related to deforestation and human rights.\r\n\r\nEfforts put in by the industry players have also given them a positive impact in terms of reported profits as palm product buyers recognised and rewarded industry players with a firm commitment in terms of their buying power.\r\n\r\nWith record-high crude palm oil prices last year, Malaysia accounted for almost a third of crude palm oil (CPO) produced globally with total palm oil export proceeds jumping to almost RM138 bil.\r\n\r\nThe Malaysian palm oil industry has made enormous strides to rope in 96% of the nation\u2019s smallholder farmers which make up around 40% of palm oil cultivation in Malaysia, all Malaysian Sustainable Palm Oil (MSPO)-certified.\r\n\r\nThe MSPO is a nationally mandated sustainability standard enforceable by law \u2013 the first of its kind in the world. The certification has played an important role in supporting the due diligence and risk mitigation processes of operators and traders across the Malaysian palm oil industry\u2019s supply chain.\r\n\r\nWhile the Roundtable on Sustainable Palm Oil (RSPO) has the same aims as the MSPO in terms of sustainability \u2013 it is also seeking to attract more smallholders \u2013 the MSPO is much cheaper for local smallholders to participate compared with the RSPO which is largely aimed at larger corporates with deep pockets.\r\n\r\n
\r\n\r\nSustainability efforts will be rewarding<\/strong>\r\n\r\nThe MSPO works more closely with state governments to resolve land issues, particularly in relation to smallholders to improve the MSPO traceability system for the whole supply chain.\r\n\r\nThe Malaysian Palm Oil Board (MPOB) recently announced that nearly 500,000 smallholders in the country are expected to be connected to a platform that will trace transactions, helping them to comply with the criteria and traceability requirements for sustainability certification.\r\n\r\nThe traceability platform is for a data collection system that records and tracks transaction details of palm oil products and is also in preparation for compliance with European Union (EU) legislation.\r\n\r\nThis will be rewarding for all stakeholders, not least because our palm oil industry will be part of a supply chain that is clearly in compliance with international norms. Having said that, ESG practices also need to be adhered to as this will enable traceability of sustainable practices which in turn will lead to the demand for palm products.\r\n\r\nThe Western world demands palm products to be produced sustainably. As it is, palm oil is much more efficient in terms of production as it uses up to 10 times less land per tonne of oil produced than other major vegetable oils such as rapeseed or sunflower.\r\n\r\nPalm oil production also uses less fertiliser and pesticides than alternative oils and it can be harvested all year round.\r\n\r\n
\r\n\r\nHuge economic impact<\/strong>\r\n\r\nOther than obtaining MSPO and RSPO certifications, there are many other ESG-related initiatives that a palm oil producer can undertake to enhance the sustainability of the business operations.\r\n\r\nThis includes the target to achieve net zero emission as soon as practicable, re-forestation efforts, planting of more trees, establishing the level of scope 3 emission, having better and improved labour rights\/working conditions, diversity and inclusivity policy that embraces race, culture, religion, gender and education background.\r\n\r\nIt\u2019s a given fact that palm oil and its produce have an impact on our daily lives as 60% of composite products in an average supermarket contain palm oil (eg margarine, shampoo, detergents, biscuits, cooking oil, chocolates, etc).\r\n\r\n
\r\n\r\nGrowing oil palms and harvesting their fruits provides a major source of income for 500,000 smallholder who depend solely on palm oil for their livelihoods. As oil palms can be harvested all year round, their cultivation provides families with a steady source of income.\r\n\r\nFor Malaysian smallholders, palm oil cultivation is also crucial in the battle against poverty while playing a vital role in the improvement of socio-economic conditions in rural areas.\r\n\r\nAt national level, the government collects substantial revenue in the form of taxes and this includes excise duty and levies from planters. Based on the forecast in Budget 2024, the government\u2019s revenue from the two taxes alone is expected to hit RM1.64 bil this year and RM1.8 bil next year.\r\n\r\nAdditionally, the government also collects substantial income tax proceeds from planters, both from major corporations and smallholders.\r\n\r\nHence, having sustainable palm oil business operations that meet the global RSPO standards is crucial to the nation\u2019s economy and the livelihood of those involved directly or indirectly in the global palm oil supply chain.\r\n\r\nWhile Malaysian palm oil sustainability efforts have borne fruit for those in the industry, there is still much more than the industry can do in its efforts to be truly green vegetable oil. \u2013 Dec 15, 2023\r\n\r\n \r\n\r\nDatametrics Research and Information Sdn Bhd (DARE) is a Malaysian-based think tank-cum-policy institute committed to performing research and advocacy for key sectors that are critical to the Malaysian economy.<\/em><\/strong>\r\n\r\nThe views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia<\/em>.","post_title":"Malaysia\u2019s sustainable palm oil efforts bear fruit","post_excerpt":"As the Environmental, Social, and Governance (ESG) theme takes centre stage globally, the Malaysian palm oil sector has not only been at the forefront of addressing issues related to deforestation and human rights.","post_status":"publish","comment_status":"closed","ping_status":"closed","post_password":"","post_name":"malaysias-sustainable-palm-oil-efforts-bear-fruit","to_ping":"","pinged":"","post_modified":"2023-12-15 17:02:44","post_modified_gmt":"2023-12-15 09:02:44","post_content_filtered":"","post_parent":0,"guid":"https:\/\/focusmalaysia.my\/?p=155568","menu_order":0,"post_type":"post","post_mime_type":"","comment_count":"0","filter":"raw"},{"ID":155552,"post_author":"110","post_date":"2023-12-15 11:11:04","post_date_gmt":"2023-12-15 03:11:04","post_content":"<\/article>FORMER health minister Khairy Jamaluddin and former deputy international trade and industry minister Ong Kian Ming have jointly issued a statement urging the Health Ministry (MOH) to reconsider enforcing the use of the MySejahtera app.\r\n\r\nThe call comes as part of a comprehensive approach to monitor and analyse COVID-19 data, identify new outbreak patterns, and implement measures to curb the spread of the virus.\r\n\r\nThe latest statistics reveal a significant spike in COVID-19 cases, with 12,757 cases reported for the week ending Dec 9, marking an 88% increase from the previous week's 6,796 cases.\r\n\r\nBesides, most of these cases did not require hospitalisation, highlighting the importance of proactive measures to contain the virus.\r\n\r\nKhairy and Ong have recommended the reinstatement of the test, report, isolate, inform and seek (TRIIS) framework as an effective tool to alert the public and the healthcare system to potential outbreaks.\r\n\r\n
<\/a> \u00a0Khairy Jamaluddin (Photo credit: Bernama)<\/em>
[\/caption]\r\n\r\n\u201c(This is) to alert the public that they should take preventive measures and for the public sector to be prepared for the possibility of a new wave of COVID-19 infections.\"\r\n\r\nEmphasising the importance of collaboration between ministries, the former officials have called on the MOH to work closely with the Finance Ministry for the procurement of the latest variants of booster vaccines available in the market.\r\n\r\nThey also stressed the need to reactivate the vaccination ecosystem through both private and public clinics and hospitals.\r\n\r\n\u201cAt the same time, the health ministry should start to reactive the vaccination ecosystem through the private and public clinics and hospitals.\u201d\r\n\r\nMoreover, Khairy and Ong urged the MOH to coordinate with the Human Resources Ministry and Investment, Trade and Industry Ministry to detect patterns of outbreaks among factory workers.\r\n\r\n
<\/a> Ong Kian Ming<\/em>[\/caption]\r\n\r\nThey noted the necessity of conducting inspections at the living quarters of these workers, particularly addressing overcrowded conditions and poor ventilation that have contributed to past \"factory clusters\".\r\n\r\n\u201cOne of the reasons for the \u2018factory clusters\u2019 that took place during the pandemic was the fact that many of these workers, mostly foreign, were cramped into housing that was overcrowded and without proper ventilation.\r\n\r\n\u201cStrong action must be taken against those companies which still house their foreign workers in poor conditions which are not compliant with international labour standards.\u201d\r\n\r\nFurthermore, the former officials advocated for increased transparency from MOH, urging daily publication of COVID-19 fatalities and other key statistics. \u2013 Dec 15, 2023\r\n





[\/caption]\r\n\r\n\u201c(This is) to alert the public that they should take preventive measures and for the public sector to be prepared for the possibility of a new wave of COVID-19 infections.\"\r\n\r\nEmphasising the importance of collaboration between ministries, the former officials have called on the MOH to work closely with the Finance Ministry for the procurement of the latest variants of booster vaccines available in the market.\r\n\r\nThey also stressed the need to reactivate the vaccination ecosystem through both private and public clinics and hospitals.\r\n\r\n\u201cAt the same time, the health ministry should start to reactive the vaccination ecosystem through the private and public clinics and hospitals.\u201d\r\n\r\nMoreover, Khairy and Ong urged the MOH to coordinate with the Human Resources Ministry and Investment, Trade and Industry Ministry to detect patterns of outbreaks among factory workers.\r\n\r\n

\r\n
BUSINESS & BEYOND
About Us
For Advertising Enquiries
+6012 275 0035
Archives
FREE TOP NEWS DELIVERED
Daily top news delivered to your inbox FREE. Subscribe to enjoy privilege.