Thursday, June 09, 2011

WHAT A FLIP FLOP DECISION BY JUDICIARY THE CHIEF JUSTICE OF MALAYSIA !!!

If you read the first practice direction by the Chief Justice dated 19 May 2011 and the subsequent practice direction dated 8 June 2011, you would have notice that the second practice direction superceded the first practice direction.
I have even heard some government authorities such as Companies Commission of Malaysia (CCM) had rejected the recent submission involving statutory declaration made due to the thumb print issues.  With effect from 8 June 2011, CCM has no right to reject the submission involving statutory declaration.  No thumb print is required by the deponent on the documents and register book unless it involves Road Transport Department transactions.
The Bar Council had on 3 June 2011 issued a circular on this matter.  According to the Bar Council, the thumb print requirements only applies to Road Transport Department transactions pending further clarification from the Judiciary.
Recently, on 29 May 2011, I signed a statutory declaration in front of my lawyer who acted as a Commissioner for Oath.  According to my lawyer, the statutory declaraton signed on 29 May 2011 is still valid as the practice direction by the Chief Justice has no legal effect. 
However, some Commissioner for Oath chose to toe the line (requiring the deponent of statutory declaration to apply thumb print) rather than going against the practice direction by the Chief Justice.  As a result, this had caused some uneasiness and unhappiness by the audit and company secretary practitioners.
From my observation, the Judiciary led by the Chief Justice had made a flip flop decision on the practice direction !!!!   Relevant parties should be consulted before issuing any practice direction.  The practice direction should have stated clearly its intention rather than leaving it vague and subject to different interpretation.  No wonder, some people said that we have a first world facility but third world mentality caused by those decision-makers who made flip flop decision !!!!!
Anyway, well done to the Bar Council in addressing this issues on 3 June 2011 before the second practice direction was released on 8 June 2011.

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