Respect and recognition of the rights of the indigenous peoples are acknowledged as indispensable for sustainable and equitable conservation of protected areas. Corresponding to this, in Malaysia, significant changes have also been seen in the relevant laws and policy statements in the last few years, providing for greater recognition of the needs and rights of the indigenous peoples in the management of the protected areas. This paper provides an overview of the Malaysian laws and policies on protected areas affecting the rights of Malaysia’s indigenous peoples, the Orang Asli, with a focus on the recent changes in the relevant laws and policy statement. However, without adequate legal support and recognition as landowners, the effort to meaningfully include the indigenous peoples in the management of the protected areas may be hampered. A concrete legal change needs to take place, specifically through legislation to formally recognize and acknowledge the rights of the Orang Asli communities to their customary land. This may lead to a change of perspective towards the Orang Asli as landowners and pave a new foundation for creating new relationships to create a genuine partnership and meaningful involvement of the communities in the management of the protected areas.
{"title":"Indigenous Peoples in Protected Areas and Equitable Conservation: Recent Legal and Policy Development in Malaysia","authors":"Izawati Wook","doi":"10.33093/ajlp.2023.4","DOIUrl":"https://doi.org/10.33093/ajlp.2023.4","url":null,"abstract":"Respect and recognition of the rights of the indigenous peoples are acknowledged as indispensable for sustainable and equitable conservation of protected areas. Corresponding to this, in Malaysia, significant changes have also been seen in the relevant laws and policy statements in the last few years, providing for greater recognition of the needs and rights of the indigenous peoples in the management of the protected areas. This paper provides an overview of the Malaysian laws and policies on protected areas affecting the rights of Malaysia’s indigenous peoples, the Orang Asli, with a focus on the recent changes in the relevant laws and policy statement. However, without adequate legal support and recognition as landowners, the effort to meaningfully include the indigenous peoples in the management of the protected areas may be hampered. A concrete legal change needs to take place, specifically through legislation to formally recognize and acknowledge the rights of the Orang Asli communities to their customary land. This may lead to a change of perspective towards the Orang Asli as landowners and pave a new foundation for creating new relationships to create a genuine partnership and meaningful involvement of the communities in the management of the protected areas.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87133954","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Deferred indefeasibility is one of the most important concepts in the Malaysian Torrens System. Under the doctrine of deferred indefeasibility, when there exist vitiating factors in the immediate transaction, the immediate purchaser will acquire a voidable title in contrast with the subsequent purchaser who will acquire good title or interest if he obtains the title or interest in good faith and with valuable consideration. However, whether a purchaser is immediate or subsequent depends on the construction of section 340 of the National Land Code (Revised 2020). In 2021, the Federal Court laid down the decision of See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals which states that the financial institution which acquired interest from an immediate purchaser was a subsequent purchaser, thereby enjoyed indefeasibility in its charge. However, such an interpretation ran afoul of section 340 of the National Land Code. This article provides a commentary on the case of See Leong Chye in respect of the concept of immediate and subsequent purchasers under the doctrine of deferred indefeasibility.
延期不可行性是马来西亚托伦斯体系的重要概念之一。根据递延不可行性原则，当即时交易中存在损害因素时，即时买受人将获得可撤销的所有权，而后继买受人则以善意和有价对价获得良好的所有权或权益。但是，购买者是立即购买还是后续购买取决于《国家土地法》(2020年修订)第340条的规定。2021年，联邦法院宣布了See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad及其他上诉的决定，该决定指出，从立即购买者处获得利益的金融机构是后续购买者，因此在其指控中享有不可行性。但是，这种解释违反了《国家土地法》第340条。本文就递延不可行性原则下的立即购买人与其后购买人的概念，对See Leong Chye案进行评析。
{"title":"See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals: A Forced Marriage of Original Proprietor and Subsequent Chargee","authors":"Qing Ying Lim, E. Tay","doi":"10.33093/ajlp.2023.5","DOIUrl":"https://doi.org/10.33093/ajlp.2023.5","url":null,"abstract":"Deferred indefeasibility is one of the most important concepts in the Malaysian Torrens System. Under the doctrine of deferred indefeasibility, when there exist vitiating factors in the immediate transaction, the immediate purchaser will acquire a voidable title in contrast with the subsequent purchaser who will acquire good title or interest if he obtains the title or interest in good faith and with valuable consideration. However, whether a purchaser is immediate or subsequent depends on the construction of section 340 of the National Land Code (Revised 2020). In 2021, the Federal Court laid down the decision of See Leong Chye @ Sze Leong Chye v United Overseas Bank (Malaysia) Berhad & Other Appeals which states that the financial institution which acquired interest from an immediate purchaser was a subsequent purchaser, thereby enjoyed indefeasibility in its charge. However, such an interpretation ran afoul of section 340 of the National Land Code. This article provides a commentary on the case of See Leong Chye in respect of the concept of immediate and subsequent purchasers under the doctrine of deferred indefeasibility.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"30 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75325908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Sheila Ramalingam, Johan Shamsuddin Sabaruddin, Saroja Dhanapal
Malaysia was formed on 16 September 1963 when among others, the two states in East Malaysia (Sabah and Sarawak) were federated with West Malaysia or Peninsula Malaysia (then known as the Federation of Malaya). The Federal Constitution of the Federation of Malaya was then extensively amended to accommodate the creation of the new Federation of Malaysia. However, as a compromise for the states of Sabah and Sarawak to join Malaya and become the Federation of Malaysia, many aspects of the judicial and legal system, as it was before the formation of Malaysia, were maintained. This included, among others, having two High Courts of co-ordinate jurisdiction and status, namely the High Court in Malaya for West Malaysia and the High Court in Sabah and Sarawak for East Malaysia, the use of different languages in both these courts, separate legal profession for West Malaysia, Sabah and Sarawak respectively, and different laws on the same subject matter between East and West Malaysia. Although this system has been in place now for over five decades, it has given rise to various legal and practical issues which have remained unresolved up till now. This paper seeks to highlight some of these issues.
{"title":"The Legal and Practical Issues Related to the System of Two High Courts in Malaysia","authors":"Sheila Ramalingam, Johan Shamsuddin Sabaruddin, Saroja Dhanapal","doi":"10.33093/ajlp.2023.1","DOIUrl":"https://doi.org/10.33093/ajlp.2023.1","url":null,"abstract":"Malaysia was formed on 16 September 1963 when among others, the two states in East Malaysia (Sabah and Sarawak) were federated with West Malaysia or Peninsula Malaysia (then known as the Federation of Malaya). The Federal Constitution of the Federation of Malaya was then extensively amended to accommodate the creation of the new Federation of Malaysia. However, as a compromise for the states of Sabah and Sarawak to join Malaya and become the Federation of Malaysia, many aspects of the judicial and legal system, as it was before the formation of Malaysia, were maintained. This included, among others, having two High Courts of co-ordinate jurisdiction and status, namely the High Court in Malaya for West Malaysia and the High Court in Sabah and Sarawak for East Malaysia, the use of different languages in both these courts, separate legal profession for West Malaysia, Sabah and Sarawak respectively, and different laws on the same subject matter between East and West Malaysia. Although this system has been in place now for over five decades, it has given rise to various legal and practical issues which have remained unresolved up till now. This paper seeks to highlight some of these issues.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"1 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78847005","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper aims to describe the civil servant reform process in Vietnam. Also, the government concentrated on accountability of the public administration aligning with the civil servant system’s development. With the specialty of the socialist country, the concept and characteristics of accountability have contained uniqueness, especially in the Japanese paradigm. Thus, this paper will investigate accountability from the perspective of civil servants’ duties in Vietnam. In the comparative legal study, the research also refers to Japanese experiences. Some legal problems of accountability related to the civil servant law scheme will be pointed out to understand further obstacles of Vietnam in public administration reform over twenty years.
{"title":"A Comparative Study on the Concept of Accountability Between Vietnam and Japan","authors":"Hoan My Linh Kim","doi":"10.33093/ajlp.2023.2","DOIUrl":"https://doi.org/10.33093/ajlp.2023.2","url":null,"abstract":"This paper aims to describe the civil servant reform process in Vietnam. Also, the government concentrated on accountability of the public administration aligning with the civil servant system’s development. With the specialty of the socialist country, the concept and characteristics of accountability have contained uniqueness, especially in the Japanese paradigm. Thus, this paper will investigate accountability from the perspective of civil servants’ duties in Vietnam. In the comparative legal study, the research also refers to Japanese experiences. Some legal problems of accountability related to the civil servant law scheme will be pointed out to understand further obstacles of Vietnam in public administration reform over twenty years.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"29 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81576139","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This case commentary critically analyses the rationale behind the decision made by the Indian Supreme Court in the case of Joseph Shine v Union of India [2018] Indlaw 899 (SC). The constitutionality of section 497 of the Indian Penal Code and section 198(2) of the Code of Criminal Procedure, which criminalise adultery, was challenged in this case. Being well aware that this case was a call made due to societal changes, the Supreme Court was prepared to adopt a liberal interpretation of the Indian Constitution. However, it had to face the sea of precedents flowing in the opposite direction of the societal changes. The Supreme Court, in dealing with these archaic provisions had carefully scrutinized Articles 14, 15 and 21 of the Indian Constitution to declare that the impugned provisions have long outlived their purpose and do not fit within today’s constitutional morality. This case is definitely one of the significant decisions made in the history of Indian law as it portrayed the Supreme Court’s bold move in finally bidding farewell to a Victorian-era law. As a result, adultery is no longer a crime in today’s India and this decision is the reason behind it.
本案例评论批判性地分析了印度最高法院在Joseph Shine v Union of India [2018] inlaw 899 (SC)一案中做出的决定背后的理由。《印度刑法》第497条和《刑事诉讼法》第198(2)条将通奸定为刑事犯罪，在此案中受到质疑。大法院清楚地认识到，这一案件是社会变化的呼声，因此准备对印度宪法采取自由的解释。然而，它不得不面对与社会变革方向相反的判例海洋。在处理这些过时的条款时，最高法院仔细审查了《印度宪法》第14、15和21条，宣布这些受到质疑的条款早已过时，不符合今天的宪法道德。此案绝对是印度法律史上的重要决定之一，因为它描绘了最高法院最终告别维多利亚时代法律的大胆举动。因此，通奸在今天的印度不再是犯罪，这一决定是其背后的原因。
{"title":"Joseph Shine v Union of India: Farewell to a Victorian-Era Adultery Law","authors":"Rathivaani Sathiaseelan, Anusha Aurasu","doi":"10.33093/ajlp.2023.3","DOIUrl":"https://doi.org/10.33093/ajlp.2023.3","url":null,"abstract":"This case commentary critically analyses the rationale behind the decision made by the Indian Supreme Court in the case of Joseph Shine v Union of India [2018] Indlaw 899 (SC). The constitutionality of section 497 of the Indian Penal Code and section 198(2) of the Code of Criminal Procedure, which criminalise adultery, was challenged in this case. Being well aware that this case was a call made due to societal changes, the Supreme Court was prepared to adopt a liberal interpretation of the Indian Constitution. However, it had to face the sea of precedents flowing in the opposite direction of the societal changes. The Supreme Court, in dealing with these archaic provisions had carefully scrutinized Articles 14, 15 and 21 of the Indian Constitution to declare that the impugned provisions have long outlived their purpose and do not fit within today’s constitutional morality. This case is definitely one of the significant decisions made in the history of Indian law as it portrayed the Supreme Court’s bold move in finally bidding farewell to a Victorian-era law. As a result, adultery is no longer a crime in today’s India and this decision is the reason behind it.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"48 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77294986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to examine the potential of the applicability of mediation as a tool for dispute resolution in encouraging sustainability of economic development from an IME perspective. Based on a desk review of academic, peer-reviewed literature and reports, the particular focus of this study is on how mediation could assist the consumers of Islamic Banking and Finance in getting justice by applying dispute settlement methods between the parties. This paper suggested that the consumer obtains much benefit if the IME adopts ADR or mediation in resolving dispute and simultaneously maintains the sustainability of economic development.
{"title":"Alternative Dispute Resolution and Sustainability of Economic Development for the Consumer’s Benefit: An Islamic Moral Economy Perspective","authors":"H. Khan, Foyasal Khan, Soura Jit Barua","doi":"10.33093/ajlp.2022.7","DOIUrl":"https://doi.org/10.33093/ajlp.2022.7","url":null,"abstract":"Islamic Moral Economy (IME) rests on the idea of justice, goodness and fairness, and the social interest within the community. It provides a basic framework and moral-oriented principles to ensure the sustainability of economic development. In economics when contracts are formulated and signed, they are subjected to unexpected changes. Some issues may lead to disputes. The concept of Sulh (amicable settlement) can be used as an alternative dispute resolution (ADR) mechanism to solve these disputes. The scholars interpret such as mediation, arbitration, and conciliation. This paper aims to examine the potential of the applicability of mediation as a tool for dispute resolution in encouraging sustainability of economic development from an IME perspective. Based on a desk review of academic, peer-reviewed literature and reports, the particular focus of this study is on how mediation could assist the consumers of Islamic Banking and Finance in getting justice by applying dispute settlement methods between the parties. This paper suggested that the consumer obtains much benefit if the IME adopts ADR or mediation in resolving dispute and simultaneously maintains the sustainability of economic development.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"62 2 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90944302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyzes the potential hindrance to the positive results of counterclaims on human rights protection in the practical investment arbitration, then evaluates whether ASEAN Comprehensive Investment Agreement and other treaties with investment provisions would be acceptable legal grounds to enable such counterclaims. This paper argues that to ensure more sustainable investment, future investment treaties should directly provide explicit states’ rights to make counterclaims on human rights protection. As such, these explicit provisions will create better legal grounds for host state to defend their legitimate rights on protecting human right, guarantee the predictability, and avoid the inconsistent interpretation or the reluctance of tribunals. This paper will delve in four substantial issues, including: (i) overview on counterclaims in international investment disputes; (ii) international and municipal regulations on human right protection in investment activities; (iii) host states’ counterclaims on protection of human rights in practical investment arbitration; (iv) control future commitments on states’ counterclaims on human rights.
{"title":"Host States’ Counterclaims on Human Rights in Practical Investment Arbitration","authors":"T. Nguyen","doi":"10.33093/ajlp.2022.5","DOIUrl":"https://doi.org/10.33093/ajlp.2022.5","url":null,"abstract":"This paper analyzes the potential hindrance to the positive results of counterclaims on human rights protection in the practical investment arbitration, then evaluates whether ASEAN Comprehensive Investment Agreement and other treaties with investment provisions would be acceptable legal grounds to enable such counterclaims. This paper argues that to ensure more sustainable investment, future investment treaties should directly provide explicit states’ rights to make counterclaims on human rights protection. As such, these explicit provisions will create better legal grounds for host state to defend their legitimate rights on protecting human right, guarantee the predictability, and avoid the inconsistent interpretation or the reluctance of tribunals. This paper will delve in four substantial issues, including: (i) overview on counterclaims in international investment disputes; (ii) international and municipal regulations on human right protection in investment activities; (iii) host states’ counterclaims on protection of human rights in practical investment arbitration; (iv) control future commitments on states’ counterclaims on human rights.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"221 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76626961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article presents and analyzes the complex case of the Rohingya, a large group that allegedly migrated from the Bengal area and has been deprived of citizenship through the sociopolitical measures of the Myanmar government, thereby making them de facto stateless people in Myanmar. Through archival research investigating extensive historical records in Myanmar with a particular focus on the three constitutions of the country, this study attempted to identify and analyse the sociopolitical reasons and underlying sociocultural rationale for why Rohingya migrants are deprived of citizenship in Myanmar, treated as illegal immigrants, and subjected to criminal prosecution and oppression under Myanmar’s military rule. While violence against the Rohingya people should be condemned, the Buddhist nationalism of the majority of Myanmar citizens and the concern about territorial sovereignty of the Myanmar government must be well understood before effective tutelary measures can be contemplated for the Rohingya people.
{"title":"Exploring the Root Causes of the Persecution Policy Against Rohingya People: A Study based on Three Constitutions of Burma/Myanmar","authors":"Alvin Hoi-Chun Hung","doi":"10.33093/ajlp.2022.6","DOIUrl":"https://doi.org/10.33093/ajlp.2022.6","url":null,"abstract":"This article presents and analyzes the complex case of the Rohingya, a large group that allegedly migrated from the Bengal area and has been deprived of citizenship through the sociopolitical measures of the Myanmar government, thereby making them de facto stateless people in Myanmar. Through archival research investigating extensive historical records in Myanmar with a particular focus on the three constitutions of the country, this study attempted to identify and analyse the sociopolitical reasons and underlying sociocultural rationale for why Rohingya migrants are deprived of citizenship in Myanmar, treated as illegal immigrants, and subjected to criminal prosecution and oppression under Myanmar’s military rule. While violence against the Rohingya people should be condemned, the Buddhist nationalism of the majority of Myanmar citizens and the concern about territorial sovereignty of the Myanmar government must be well understood before effective tutelary measures can be contemplated for the Rohingya people.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"209 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77752105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The High Court in Vasanta a/l Amarasekera v PP has decided that an accused person can be supplied with statements made by witnesses to the police during the investigation process, who are not called by the prosecution and subsequently offered to the defence. The importance of this case is that the High Court has the benefit of analysing two recent conflicting decisions of the Court of Appeal on this issue. First, the Court of Appeal’s decision in Siti Aisyah v PP in 2019 which ruled that the statements are not absolutely privileged. In so doing, the Court did not follow the earlier decision of the Federal Court in Husdi v PP in 1980, which declared the statements as absolutely privileged. The second is the Court of Appeal’s decision in 2022 in the case of Dato’ Sri Mohd Najib bin Hj Abd Razak v PP where it stated that it is bound by the decision of the Federal Court in Husdi’s case. This case commentary critically analyses the rationale behind the High Court’s decision in following Siti Aisyah’s case, thus, making it as a new addition to the list of recent Malaysian courts which have decided that such statements are not absolutely privileged.
{"title":"Vasanta a/l Amarasekera v Public Prosecutor: Extending the Debate on Whether Statements Made by Witnesses to Police are Absolute Privilege","authors":"Mohd Munzil bin Muhamad","doi":"10.33093/ajlp.2022.10","DOIUrl":"https://doi.org/10.33093/ajlp.2022.10","url":null,"abstract":"The High Court in Vasanta a/l Amarasekera v PP has decided that an accused person can be supplied with statements made by witnesses to the police during the investigation process, who are not called by the prosecution and subsequently offered to the defence. The importance of this case is that the High Court has the benefit of analysing two recent conflicting decisions of the Court of Appeal on this issue. First, the Court of Appeal’s decision in Siti Aisyah v PP in 2019 which ruled that the statements are not absolutely privileged. In so doing, the Court did not follow the earlier decision of the Federal Court in Husdi v PP in 1980, which declared the statements as absolutely privileged. The second is the Court of Appeal’s decision in 2022 in the case of Dato’ Sri Mohd Najib bin Hj Abd Razak v PP where it stated that it is bound by the decision of the Federal Court in Husdi’s case. This case commentary critically analyses the rationale behind the High Court’s decision in following Siti Aisyah’s case, thus, making it as a new addition to the list of recent Malaysian courts which have decided that such statements are not absolutely privileged.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"67 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87508973","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This case commentary examines a seminal judgment on the application of artificial intelligence in criminal sentencing in Malaysia: PP v Denis P Modili. It hypothesises what the basic components of this AI system may consist of and discusses some technical points based on the disclosure made about the AI system in the judgment. Two types of machine learning algorithms, namely linear regression and logistic regression, are introduced. Possible machine learning features and their treatment, and what the ‘recommended percentage’ as described in the judgment could be are investigated.
本案例评论考察了马来西亚刑事判决中人工智能应用的开创性判决:PP诉Denis P Modili。基于判决中对人工智能系统的公开，对该人工智能系统的基本组成部分进行了假设，并讨论了一些技术问题。介绍了两种机器学习算法，即线性回归和逻辑回归。研究可能的机器学习特征及其处理方法，以及判断中描述的“推荐百分比”可能是多少。
{"title":"Artificial Intelligence in Malaysian Courts: PP v Denis P Modili","authors":"Dennis W. K. Khong, C. Ho","doi":"10.33093/ajlp.2022.9","DOIUrl":"https://doi.org/10.33093/ajlp.2022.9","url":null,"abstract":"This case commentary examines a seminal judgment on the application of artificial intelligence in criminal sentencing in Malaysia: PP v Denis P Modili. It hypothesises what the basic components of this AI system may consist of and discusses some technical points based on the disclosure made about the AI system in the judgment. Two types of machine learning algorithms, namely linear regression and logistic regression, are introduced. Possible machine learning features and their treatment, and what the ‘recommended percentage’ as described in the judgment could be are investigated.","PeriodicalId":42954,"journal":{"name":"Asian Journal of Wto & International Health Law and Policy","volume":"13 1","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82462986","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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