Month: June 2025

Following the recent conviction and ‘RM100’ sentence imposed on Ms Shalini Periasamy, for using her TikTok account ‘alphaquinnsha’ to post unruly and vulgar comments in a “live session” hosted by another TikTok user, Ms Rajeswary Appahu. Rajeswary then took her life after becoming a victim of cyberbullying on social media. 

Rampancy of cyber-bullying in Malaysia can be attributed to several factors:

1. Legislative Framework: Malaysia’s laws related to cyberbullying is encompassed within broader legislation such as the Communications and Multimedia Act 1998 and the Penal Code. There is no specific law on cyberbullying. This then leads to penalties that might not seem stringent enough for the nature of the offense.
2. Enforcement Challenges: Enforcement of cyberbullying laws can be difficult due to the anonymous nature of the internet. Identifying and prosecuting offenders can be challenging, leading to fewer cases being brought to court and lighter penalties being imposed when they are.
3. Judicial Discretion: Judges in Malaysia have the discretion to determine the severity of penalties based on the specifics of each case. This can result in varied outcomes, with some cases receiving lighter sentences depending on the context and evidence presented. In a case where the offender pleads guilt it depends a lot on the mitigation put forth- things like age and previous criminal history of the offender can play a large role in the sentence.
4. Public Awareness and Education: There may be a lack of public awareness and understanding about the serious impact of cyberbullying. Without strong public pressure and awareness, legislative and judicial bodies may not prioritize harsher penalties.
5. Cultural Factors: Cultural attitudes towards bullying and online behaviour can influence how seriously cyberbullying is taken. In some cases, cyberbullying might not be viewed as a serious issue compared to other crimes such as drug related crimes where the penalties are very harsh.
6. What can we do to help? One thing we can do is to report cyberbullying to the Malaysian Authorities such as PDRM or MCMC instead of just reporting on the Application in question.

If you lose your Malaysian Identity Card (MyKad), you should take the following steps:

1. Report the Loss

• Lodge a Police Report: Go to the nearest police station and file a report about the loss of your MyKad. This report will serve as an official record and is necessary for the replacement process.

2. Visit the National Registration Department (JPN)

• Go to the Nearest JPN Office: After filing the police report, visit a JPN office to apply for a replacement MyKad. You will need to bring the police report and other supporting documents such as your birth certificate or passport.
• Fill Out the Application Form: Complete the required form for a replacement MyKad at the JPN office.
• Provide Biometric Data: You will be required to provide your thumbprint and photograph for the new MyKad.

3. Pay the Replacement Fee

• First Loss: RM100.
• Second Loss: RM300.
• Third and Subsequent Losses: RM1,000.
• If the loss is due to theft or natural disaster, and you have evidence to support this (like a police report), the fee may be reduced.

4. Wait for Processing

• Processing Time: It usually takes about one working day to process and issue a new MyKad, but this may vary depending on the location and circumstances.

5. Collect Your New MyKad

• Collection: Once ready, you will be notified to collect your new MyKad from the JPN office. You must collect it in person as you will need to verify your thumbprint.

6. Update Relevant Authorities

• Inform Relevant Authorities: After obtaining your new MyKad, remember to update your identification details with banks, employers, and any other institutions that require your MyKad information.

Taking these steps promptly will help minimize the risks associated with losing your MyKad, such as identity theft.

Has the death penalty been abolished in Malaysia?

Malaysia has abolished the mandatory death penalty for certain criminal offenses.

The Abolition of Mandatory Death Penalty Act 2023 came into force on 4th July 2024.

This new legislation provides judges with the discretion to impose either the death penalty or life imprisonment for specific offenses, instead of mandating the death penalty. Additionally, those currently on death row or serving life sentences can apply for resentencing via a review.

However, it is important to note that the death penalty itself has not been completely abolished. The death penalty remains a sentencing option for certain crimes, particularly drug trafficking and murder. The death penalty was recently meted out in the recent Court of Appeal case of the (6) former National Defence University of Malaysia (UPNM) students for the murder of their fellow cadet Zulfarhan Osman Zulkarnain 7 years ago.

Judges now merely have the discretion to choose between the death penalty and a prison sentence of 30 to 40 years, accompanied by at least 12 strokes of caning if the death penalty is not imposed​.

What will happen to the 4 suspects arrested for kidnapping 7-year-old Albertine?

In Malaysia, kidnapping is a serious criminal offense with severe penalties.

The potential charges and legal consequences for someone who kidnaps a child can include the following:

1. Kidnapping

Penal Code Section 363: This section addresses kidnapping from lawful guardianship. If found guilty, the offender can face imprisonment for up to 7 years and may also be fined.

2. Abduction

Penal Code Section 362: This section defines abduction, which can involve forceful or deceitful inducement. The penalties for abduction can vary, depending on the circumstances and whether other offenses are also committed.

3. Kidnapping for Ransom

Penal Code Section 3 of the Kidnapping Act 1961: Kidnapping for ransom is a more severe offense. Conviction can lead to a death sentence or life imprisonment, with the possibility of whipping if the death penalty is not imposed.

4. Wrongful Confinement

Penal Code Section 340: This section deals with wrongful confinement. If the confinement exceeds 10 days, the penalties can include imprisonment of up to 3 years and a fine.

5. Criminal Intimidation

Penal Code Section 503: If the kidnapper uses threats to instil fear, they can be charged with criminal intimidation, which can result in imprisonment, a fine, or both.

6. Causing Hurt or Grievous Hurt

Penal Code Sections 323 and 325: If the kidnapper causes physical harm to the child, additional charges for causing hurt or grievous hurt can be applied, leading to further imprisonment and fines.

7. Human Trafficking

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007: If the kidnapping is related to human trafficking, the penalties include imprisonment for up to 20 years and fines. The severity of the punishment depends on the extent of the exploitation.

8. Sexual Offences

Penal Code Sections 376, 377, etc.: If the kidnapping involves any form of sexual assault or exploitation, the offender can face additional charges for sexual offenses, leading to significant prison sentences and possibly whipping.

Sexual Offences Against Children 2017: If the kidnapping of a child involves unwanted physical touch or sexual assault on a child this act could apply as well. Section 14(a) of this Act covers the offence of touching a child for sexual purposes and carries the penalty of a maximum 20 years’ jail and whipping.

9. Murder or Culpable Homicide

Penal Code Sections 302 and 304: If the kidnapping results in the death of the child, the kidnapper can be charged with murder or culpable homicide, which can lead to the death penalty or life imprisonment.

Legal Procedures

Arrest and Detention: The suspect will be arrested and detained by the police. An investigation will be conducted, and evidence will be gathered.

Trial: If charged, the suspect will face trial in a court of law, where the charges will be presented, and both the Prosecution and Defence will argue their cases.

Sentencing: If found guilty, the court will impose a sentence based on the nature of the crime and the applicable legal provisions.

In Malaysia, the legal system takes kidnapping very seriously, and the penalties reflect the gravity of the offense. The aim is to deter such crimes and ensure that justice is served for the victims and their families.

In Albertine’s case the Accused were arrested under Section 363 of the Penal Code and Section 14(a) of the Sexual Offences Against Children Act. However, it appears that there was no physical harm to Albertine.

If there is any evidence that there was a request for any ransom, they could be charged under Section 3 of the Kidnapping Act which carries the death penalty.

Is it wrong to accept gifts from corporate clients from a money laundering perspective in Malaysia?

Accepting gifts from corporate clients can be problematic from a money laundering perspective in Malaysia, as it may raise concerns about the legitimacy and intent behind the gifts.

Here are some key considerations:
Anti-Money Laundering (AML) Laws: Malaysia has strict AML laws, including the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA). These laws require businesses to implement measures to prevent and detect money laundering activities.

Know Your Customer (KYC) Requirements: Businesses are required to conduct thorough due diligence on their clients. Accepting gifts without proper scrutiny could be seen as a failure to adhere to KYC requirements, potentially exposing the business to legal risks.

Suspicious Activity Reporting: If the gifts are substantial or appear unusual, they may trigger suspicions of money laundering. Businesses are obligated to report any suspicious activities to the relevant authorities.

Ethical Considerations: Accepting gifts from corporate clients can raise ethical issues, especially if the gifts could be perceived as influencing business decisions or creating conflicts of interest.

Corporate Policies: Many companies have internal policies regarding the acceptance of gifts to ensure compliance with legal and ethical standards. It is important to adhere to these policies to avoid potential legal and reputational risks.

In summary, while accepting gifts from corporate clients is not inherently wrong, it is essential to consider the AML implications, adhere to KYC requirements, report suspicious activities, and follow corporate policies to ensure compliance with Malaysian laws and ethical standards.

How will the introduction of e-invoicing affect law firms in Malaysia?

E-invoicing in Malaysia, which is part of the broader digitalization effort, will have several implications for law firms:

Compliance Requirements: Law firms will need to ensure that their billing and invoicing systems are compliant with the new e-invoicing regulations. This may involve upgrading or modifying existing accounting software to handle e-invoices according to the standards set by Malaysian authorities.

Operational Efficiency: E-invoicing can streamline billing processes, reduce manual errors, and improve the overall efficiency of administrative tasks in law firms. It can also speed up payment cycles, as invoices are processed more quickly and accurately.

Cost Implications: There might be initial costs associated with transitioning to e-invoicing, including software upgrades, staff training, and system integration. However, over time, e-invoicing could lead to cost savings by reducing paper use and manual labor.

Client Expectations: As more businesses in Malaysia adopt e-invoicing, clients may expect their legal service providers to do the same. Law firms that adapt quickly may gain a competitive advantage by meeting these expectations and providing a more modern, efficient service.

Data Security and Confidentiality: Law firms will need to ensure that e-invoicing systems are secure and that client information remains confidential. This is crucial given the sensitive nature of legal work and the high standards of client confidentiality that law firms must uphold.

Tax Compliance: E-invoicing will likely be linked to tax reporting systems, which could make tax compliance more streamlined for law firms. It may also reduce the risk of errors in tax reporting and ensure that law firms are fully compliant with Malaysian tax regulations.

Overall, while the transition to e-invoicing may require some initial investment and adjustment, it is likely to bring long-term benefits in terms of efficiency, compliance, and client satisfaction for law firms in Malaysia.