DESTINI BANGSAKU (LEGAL DISCOURSE)

n   Possibility that the assured is doing no more than wagering with the insurer on the continued safety of the insured subject matter. n   An insured that stands to benefit from early destruction of what has been insured will be tempted to take steps to bring about such early destruction .   THE DEFINITION OF INSURABLE INTEREST n   The root decision is that given by Lawrence J in Lucena v. Craufurd and Others [1806] 2 Bos & Pul (NR) 269 n     the Commissioners of Admiralty had taken possession of a Dutch ship during the Napoleonic Wars and wished to insure it for its voyage home from St Helena to England. The House of Lords was ultimately required to decide whether the Commissioners had sufficient insurable interest to support such a policy n   "...a man must somehow or other be interested in the preservation of the subject matter exposed to perils...a man is interested in a thing to whom advantage may arise or prejudice may happen from the cir...

DEFINITION: 1.                   Any conduct that tends to bring the authority & the administration of the law into disrespect or disregard, or to interfere with or prejudice parties, litigants, their witness during the litigation . 2.                   R v Gray [1900] , Lord Rusell CJ : Any act done or writing published calculated to bring a Court or a judge of the Court into contempt, or to lower his authority, is a contempt of Court. Jurisdiction to punish for contempt 1.                   Article 126 Federal Constitution: Federal Court/ Court of Appeal/ High Court shall have power to punish any contempt of itself. 2.                   S. 13 C...

To serve their clients faithfully, diligently & honestly. To understand that lawyers owe a duty to the public in particular in the arrears of constitutional rights, human rights & legal aid. To maintain high standards of professional & personal integrity, good faith, sensibility, fairness & courtesy. To uphold the rule of law & the good reputation of the profession. 4 separate duties to:              (A)   Client - contract, tort, a fiduciary to his client (B)    Court – not to willfully concealing authorities; misleading the judge; conflict of interest (C)    Opponent(s) - good conduct & professional ethics; integrity & good standing of the profession (D)   Public- To observe, assist in and carry out the duties that have been imposed on the Bar by Parliament

1.       Greek word ‘ethikos’ : a system of rules of behaviour 2.       Science of morals 3.       Legal ethics: the usages & customs among members of the legal profession, involving their moral & professional duties toward one another, toward their clients and toward the courts. 4.       Legal Profession (practice & etiquette) rules 1978 5.       Has the pursuit of wealth blinded moral integrity? 6.       Stark reality of the Malaysian community’s negative attitude & sense of dissatisfaction with the law and the legal profession. 7.       How do we change the public image of the Bar? 8.       Lawyers have always been the butt of many a tasteless joke. 9.       Increased complaints against lawyers 10.   A social contract by which society confers...

1.       The ability of the World Wide Web to penetrate every home and community across the globe has both positive and negative implications. 2.       While it can be an invaluable source of information and means of communication, it can also override community values and standards, subjecting them to whatever more may or may not be found online. 3.       The Internet is a challenge to the sovereignty of civilized communities, States, and nations to decide what are appropriate and decent behaviour. [1] 4.       The legal debate over the regulation of Internet speech is far from settled, but its layers of complexity shed light on the issues at the heart of the larger discussion about regulation of the Internet and the law of cyberspace. 5.         Notwithstanding the intense academic debate, as a practical manner, the sheer size of the Internet – whether ...

1.       Generally there are four types of manufactured risks in the context of processing of personal data protection . 2.       Firstly, the risk from the commoditisation of personal data. 3.         The computerised telecommunications and the perceived value of private data result in the commoditisation of personal data, by transforming private information to a commodity easily shared, traded, sold and presumably valued (Bagby & McCarty, 2003) . 4.       Accordingly, personal data is now invaluable for commercial entities (Dam, 2005) . 5.       Secondly, the risk of the invasion of individual information privacy. 6.       The development of database systems capable of storing, searching and manipulating large volumes of data raised concerns over how these new technologies would be used (Boni & Prigmore, 2004) . 7. ...

1.       The key changes in the information society is the breakthroughs in information processing, storage and transmission which have led to the application of information technologies in virtually all corners of society and the convergence and imbrications of telecommunications and computing (Webster 2006). 2.       Indeed the information society has changed radically with the integrated network structure, which has transformed the communications networks into seamless global webs of digital information exchange, and the resultant globalisation of financial markets and consequent interdependence of capital flows between liberal market economies (Marsden 2001). 3.       At this juncture, Walker, Wall and Akdeniz (2000) argue that the ICTs conduces towards networked and horizontal relationships and global in its nature. 4.       In the Malaysia context, the ICTs is perceives as the...

1.       There are generally two theories of personal data, namely those who perceive personal data as protection of human rights and those who claim ownership over their personal data. 2.       Those who conceive of personal data protection as a fundamental civil liberty interest, essential to individual autonomy, dignity, and freedom in a democratic civil society (Samuelson, 2000) , often view specific statutes and regulatory agencies to oversee enforcement as necessary to ensure protection of this interest (Dam, 2005) . 3.       Therefore, duty is on the states to ensure that individual’s privacy is protected (Lim, 2002) . 4.       In fact, the legal approach to privacy protection through human rights international treaty, such as the Universal Declaration of Human Rights 1948, was established before the rapid developments in ICTs (Boni & Prigmore, 2004) . 5.    ...

1.       Theoretically, personal data forms the individuation of each individual (Webster, 2006) . 2.       It refers to the situation when each and every person is known about and identified by a singular record such as name, date of birth and residence. 3.       Conceptually, personal data refers to the individual’s personal information . 4.       This include the personal information of an individual’s personal background such as race, religious belief and marital status; financial record such as banking, insurance and credit cards; health and medical records such as the prescription drug and Deoxyribonucleic Acid ( DNA ) ; individual’s habits, lifestyles and psychological profiles , such as, spending, reading, listening and watching habits; criminal records such as the previous convictions; education records; employment records; communications records such as itemised telephone bil...