NURULHUDA ADABIAH MUSTAFA TEACHING PADLET LAW438 by Nurulhuda Adabiah Mustafa

LAW438 HOSPITALITY AND TOURISM LAW

nurulhuda_adabiah — 2017-02-28 07:11:26 UTC

COURSE INFORMATION

CIVIL LAW ACT 1956 ACT 67

nurulhuda_adabiah — 2017-03-08 11:12:46 UTC

REFERENCE FOR TOPIC 1 LAW416 AND LAW439
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SECTION 3 AND SECTION 5: THE APPLICATION OF ENGLISH LAW IN MALAYSIA

UiTM Act 1976

nurulhuda_adabiah — 2017-03-08 11:13:11 UTC

FOR TOPIC 1 : AN EXAMPLE OF PARENT ACT FOR SUBSIDIARY LEGISLATION

MALAYSIAN CUSTOMARY LAW

nurulhuda_adabiah — 2017-03-08 11:13:43 UTC

REFERENCE FOR TOPIC 1: MALAYSIAN LEGAL SYSTEM BOTH FOR LAW416 AND 438

AMENDMENT TO SUBORDINATE COURT ACT (2010)

nurulhuda_adabiah — 2017-03-16 10:29:55 UTC

read details here>>> https://www.selangorbar.org/content_dtl.php?id=36110
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Please be informed that pursuant to P.U. (B) 45/2013, the Minister has appointed 1st March 2013 as the date of coming into operation of the Subordinate Courts (Amendment) Act 2010 [A1382].

Under the amended Subordinate Courts Act 1948, the jurisdiction of the Subordinate Courts, in particular, the Sessions Court, has been enhanced significantly.

The pertinent changes effected by Act A1382 are as follows:(a) The monetary jurisdiction of the Sessions Court has been increased from RM250,000.00 to RM1,000,000.00 [s. 7(a)(ii) of Act A1382];

(b) The monetary jurisdiction of a First Class Magistrate has been increased from RM25,000.00 to RM100,000.00 [s. 11 of Act A1382];

(c)The monetary jurisdiction of a Second Class Magistrate has been increased from RM5,000.00 to RM10,000.00 [s. 13 of Act A1382];

(d) The Sessions Court has been conferred with jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court [s. 7(a)(iii) of Act A1382];

(e) A Sessions Court may, in respect of any action or suit within the jurisdiction of the Sessions Court, in any proceedings before it - (i) grant an injunction; and (ii) make a declaration, whether or not any other relief, redress or remedy is or could be claimed [s. 7(b) of Act A1382]; and

(f)The Penghulu’s Court has been abolished [ss. 2, 3(b), 4(b), 5(c), 10. 12 and 15 of Act A1382].

Please also take note that the increase in filing fees reflected in the schedule of High Court fees and Subordinate Court fees provided in Appendices B1 and B2 to the Rules of Court 2012, respectively, will
also take effect on 1 Mar 2013.

LEGISLATIVE PROCESS

nurulhuda_adabiah — 2017-03-16 10:30:16 UTC

Malaysian Judiciary and the Jurisdiction of the Federal Court

nurulhuda_adabiah — 2017-03-16 10:34:54 UTC

SYARAHAN 1 16.03.2017

nurulhuda_adabiah — 2017-03-16 11:00:31 UTC

Bear in mind that this note is not comprehensive and does not cover every details discussed during lecture, but it can be a good reference for your class only. Read this and other information in my padlet, textbook and my notes in i-learn.

SYARAHAN 1 16.3.2017 COPIED FROM LAW416

nurulhuda_adabiah — 2017-03-16 11:07:24 UTC

A detailed discussion on the application of English Law in Malaysia. Please read.

PYEQ APR 2011

nurulhuda_adabiah — 2017-03-18 09:05:28 UTC

PYEQ JAN 2012

nurulhuda_adabiah — 2017-03-18 09:06:38 UTC

PYEQ JUNE 2012

nurulhuda_adabiah — 2017-03-18 09:07:14 UTC

PYEQ JUNE 2013

nurulhuda_adabiah — 2017-03-18 09:08:05 UTC

PYEQ DEC 2013

nurulhuda_adabiah — 2017-03-18 09:08:58 UTC

PYEQ JUNE 2014

nurulhuda_adabiah — 2017-03-18 09:09:54 UTC

PYEQ DEC 2014

nurulhuda_adabiah — 2017-03-18 09:10:38 UTC

PYEQ JUNE 2015

nurulhuda_adabiah — 2017-03-18 09:16:31 UTC

PYEQ DEC 2015

nurulhuda_adabiah — 2017-03-18 09:17:18 UTC

PYEQ JUNE 2016

nurulhuda_adabiah — 2017-03-18 09:18:17 UTC

PYEQ DEC 2016

nurulhuda_adabiah — 2017-03-18 09:18:58 UTC

FOR MY STUDENTS LW438 MARCH-JULY 2017 ONLY

nurulhuda_adabiah — 2017-03-18 09:28:00 UTC

Please go to>>>https://padlet.com/nurulhuda_adabiah/assessment438

LEGISLATIVE PROCESS

nurulhuda_adabiah — 2017-03-23 03:48:49 UTC

AMENDMENT TO SUBORDINATE COURT ACT (2010)

nurulhuda_adabiah — 2017-03-23 03:55:26 UTC

read details here>>> https://www.selangorbar.org/content_dtl.php?id=36110
.

Please be informed that pursuant to P.U. (B) 45/2013, the Minister has appointed 1st March 2013 as the date of coming into operation of the Subordinate Courts (Amendment) Act 2010 [A1382].

Under the amended Subordinate Courts Act 1948, the jurisdiction of the Subordinate Courts, in particular, the Sessions Court, has been enhanced significantly.

The pertinent changes effected by Act A1382 are as follows:(a) The monetary jurisdiction of the Sessions Court has been increased from RM250,000.00 to RM1,000,000.00 [s. 7(a)(ii) of Act A1382];

(b) The monetary jurisdiction of a First Class Magistrate has been increased from RM25,000.00 to RM100,000.00 [s. 11 of Act A1382];

(c)The monetary jurisdiction of a Second Class Magistrate has been increased from RM5,000.00 to RM10,000.00 [s. 13 of Act A1382];

(d) The Sessions Court has been conferred with jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court [s. 7(a)(iii) of Act A1382];

(e) A Sessions Court may, in respect of any action or suit within the jurisdiction of the Sessions Court, in any proceedings before it - (i) grant an injunction; and (ii) make a declaration, whether or not any other relief, redress or remedy is or could be claimed [s. 7(b) of Act A1382]; and

(f)The Penghulu’s Court has been abolished [ss. 2, 3(b), 4(b), 5(c), 10. 12 and 15 of Act A1382].

Please also take note that the increase in filing fees reflected in the schedule of High Court fees and Subordinate Court fees provided in Appendices B1 and B2 to the Rules of Court 2012, respectively, will
also take effect on 1 Mar 2013.

WHAT IS SUBSIDIARY LEGISLATION?

nurulhuda_adabiah — 2017-03-30 03:23:30 UTC

http://www.legco.gov.hk/education/files/english/Factsheet/Factsheet6.pdf

“Subsidiary legislation” means any proclamation, rule, regulation, order, resolution, notice, rule of court, bylaw or other instrument made under or by virtue of any ordinance and having legislative effect. It is usually made by the Government to provide detailed rules and regulations for technical or procedural details necessary for the implementation of an ordinance. Should Legislative Council Members decide to consider a piece of subsidiary legislation in detail, the normal course is to form a subcommittee under the House Committee of the Legislative Council.

MODES OF CONTROLLING SUBSIDIARY LEGISLATIONS

nurulhuda_adabiah — 2017-03-30 03:23:41 UTC

http://www.thestar.com.my/opinion/columnists/reflecting-on-the-law/2016/10/27/controlling-subsidiary-legislation-democracy-will-be-advanced-if-parliament-scrutinises-subsidiary-l/

In fact, for every one statute passed by Parliament, there are on average 15 to 20 pieces of subsidiary regulations framed by the executive under the authority of that statute.

Subsidiary legislation is not only about minor matters of detail. It imposes taxes, fines and levies. It creates crimes. Both in quantity and in the reach of its topics, subsidiary legislation is as important as parliamentary legislation.

This shocking state of affairs has adverse implications for representative democracy and the doctrine of separation of powers. The executive enacts far more laws than Parliament.

The centre of gravity of the legislative process has shifted away from Parliament towards the unelected bureaucracy.

Something needs to be done to assert a semblance of parliamentary control over the subsidiary legislative processes. In administrative rule making, the executive acts as the agent or delegate of Parliament and therefore the legislature must ensure that there is no abuse of delegated power.

Modalities of control: The following procedures and institutions exist in democracies to supervise and regulate the executive in its extended law-making role:

> Prior consultation

> Laying procedures

> Scrutiny committees

> Publication.

Consultation: In an effort to “democratise” the making of subsidiary legislation, Parliament may adopt a number of techniques. It may mandate prior consultation with named interests, NGOs or representative groups.

Or it could recommend consultation with such persons as the delegate may deem necessary. Or it could delegate rule making power to an institution that is representative of the affected interests.

For example, section 43 of the Dental Act authorises the Dental Council where dental surgeons are represented to make regulations.

Generally, mandatory consultation is not prescribed in Malaysia though it is so under the Federal Administrative Procedure Act in the USA.

In the United Kingdom, the concept of “legitimate expectation” is emerging to require consultation with all who will be affected by the regulation.

Laying procedures: As subsidiary legislation is framed outside of Parliament, MPs have no opportunity to scrutinise the draft legislation and give their input. For this reason, laying procedures are often written into the parent law. The purpose is to submit (or lay) the instrument before the Houses for the information of MPs.

There are five types of laying procedures. In terms of effectiveness, the greatest opportunity for parliamentary scrutiny is “laying in draft subject to affirmative resolution”. The subsidiary regulation is framed but not yet enforced.

A draft is laid before Parliament and is subject to parliamentary approval or disapproval within a stipulated period. If approval is not obtained, the instrument is killed.

Second, “laying subject to affirmative resolution”. The subsidiary rules are made and enforced but as a condition of their continuation they must be debated and approved in Parliament within 40 days of laying. Failure to debate and approve will annul the rules.

Third, “laying subject to negative resolution”. The instrument is made and laid and either House may within 40 days annul it. But if there is no resolution to annul, then silence is deemed consent.

Fourth, a greater degree of control than the third technique is that the instrument is “laid in draft subject to negative resolution”. The instrument is not yet law. Its draft may be rejected by either House within 40 days. But silence is deemed consent.

Fifth, “laying simpliciter” whereby once the regulation is made it is sent to Parliament for the information of Members of Parliament. Nothing more is required.

Laying procedures, especially the affirmative resolution procedures, are uncommon in Malaysia due to paucity of parliamentary time.

Scrutiny committees: The Standing Orders of each House permit the Houses to set up Select Committees to investigate and oversee any activity in relation to which the Houses wish to act as the grand inquest of the nation.

It will be an advance for our parliamentary democracy if each House of Parliament (or the two Houses jointly) were to set up a Parliamentary Scrutiny Committee on Subsidiary Legislation to watch over the exercise of subordinate law making by the omnipotent executive.

We can emulate the example of the Joint Committee (of both Houses) on Statutory Instruments in the United Kingdom or the example of India where there are separate House Committees on Subordinate Legislation.

The bipartisan committee(s) consider every instrument laid before Parliament and determine whether the attention of the Houses should be drawn to the content or process of the subsidiary law.

For example, if a regulation is backdated, or seeks to exclude judicial review or goes beyond the power conferred, the Committee can alert Parliament. A conscientious MP may then introduce a motion to annul.

Publication: In Malaysia, a subsidiary law can be enforced prior to publication! Much depends on whether the enabling Act mandates Gazette publication.

To mitigate the harshness of the law, section 20 of the Interpretation Acts (1948 and 1967) says that no criminal penalty may be imposed if the subsidiary legislation was not published on the date the offence was committed. However, civil liability may lie!

In sum, subsidiary legislation is an unavoidable and mammoth phenomenon. It challenges the primacy of parliament. It is undemocratic.

It impinges on human rights. It is largely going uncontrolled.

For this reason all Acts of Parliament delegating legislative power, must provide consultative and laying procedures.

Further, a Joint Select Committee of our two Houses must be established to scrutinise subsidiary legislation to assert Parliament’s pre-eminence in the legislative sphere.

Shad Faruqi is Emeritus Professor of Law at UiTM. The views expressed here are entirely the writer’s own.

Read more at http://www.thestar.com.my/opinion/columnists/reflecting-on-the-law/2016/10/27/controlling-subsidiary-legislation-democracy-will-be-advanced-if-parliament-scrutinises-subsidiary-l/#R5U3Lswsf4w0KuqV.99

FUNCTIONS OF JUDICIARY

nurulhuda_adabiah — 2017-03-30 03:23:52 UTC

The main function of the Judiciary is to ensure compliance with the Federal Constitution, and to uphold justice in accordance with the laws of Malaysia. Apart from the role to adjudicate and resolve legal matters arising between individuals as well as individuals and the state, the courts also serve to interpret the laws of Malaysia. The Malaysian Judiciary undertakes and executes these special tasks and obligations to uphold and preserve the Federal Constitution.

ADVANTAGES AND DISADVANTAGES OF SUBSIDIARY/DELEGATED LEGISLATION

2017-03-30 03:23:58 UTC

https://getrevising.co.uk/grids/advantages-and-disadvantages-of-delegated

nurulhuda_adabiah — 2017-03-30 03:26:30 UTC

ADVANTAGES AND DISADVANTAGES OF SUBSIDIARY/DELEGATED LEGISLATION

2017-03-30 03:29:41 UTC

https://getrevising.co.uk/grids/advantages-and-disadvantages-of-delegated

SUBSIDIARY LEGISLATION

nurulhuda_adabiah — 2017-03-30 03:29:47 UTC

https://prezi.com/uttbzm6pmmzj/control-over-subsidiary-legislation/

PAST YEAR EXAMINATION QUESTION

nurulhuda_adabiah — 2017-04-04 01:38:01 UTC

Have you collected all the past year exam question?

Have you read the book?

How do you find the course (subject)?

ASSIGNMENT FOR LAW438

nurulhuda_adabiah — 2017-04-20 05:02:54 UTC

Instructions:
1. Write not more than 15 pages, 1.5 spacing, 12 - font Time New Roman, justify.
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2. Submit on the 18th May 2017 during lecture
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3. At least 5 references; main references should be 2 book and other.
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4. Cover: UiTM logo, programme code, faculty, title/question, names of students with student number, lecturer's name.
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5. 40 markah.

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1. Discuss the legal duties and liabilities of tour operators and travel agents in Malaysia providing holiday packages, in relation to the issue of safety of guests in holiday packages.
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2. Discuss passenger's rights to claim for loss or damage of baggage/property and flight delay.
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3. (a) Discuss the concept of inns, hotels, motels, resorts and other establishments related to tourism industry.
(b) Discuss the concepts of public and private hotels pursuant to various legal sources.
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4. Discuss the concept of 'guest' by virtue of section 2(3)(b) of the Hotel Propritors Act 1956 and section 4 of the Innkeepers Act 1952.
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5. Discuss the duties of innkeepers.