Use-based Englishes may act as professional gatekeepers and working languages in Asian societies even where other languages of wider communication are prioritised. Legalese is widely regarded as particularly resistant to societal changes, and in Malaysian law English remains indispensable half a century after Malay became the official medium for West Malaysia, with exonormative acrolects retaining professional prestige. However, legal practitioners also need Malay as it is a requirement for admission to the bar and used extensively in government dealings, as well as in the lower courts of West Malaysia. Courtroom discourse is under the control of judges empowered to interpret language policy in the interests of justice. While there have been a few studies exploring how Malaysian advocates orientate themselves toward bilingualism, this is believed to be the first to address the perspective of judges.
This chapter demonstrates the ways in which expression is controlled through censorship laws, and how – in keeping with this volume's focus on law, society, and pluralism – this consolidates and perpetuates political and religious hegemony in Malaysia. It focuses on the power of the minister to ban books, which is covered in Part IV of the Printing Presses and Publications (PPPA), entitled 'Control of Undesirable Publications', and the key issues of film censorship under the Film Censorship Act 2002. Yong Thye Chong, who writes under the pen name of Kim Quek, had written a book entitled The March to Putrajaya – Malaysia's New Era is at Hand in 2010. In the same year, the book was banned under the PPPA. The Film Censorship Act 2002 only provides for a film owner who is aggrieved by the censorship decision of the Board of Censors to appeal against the decision.
Abstract Mediated through hierarchical domestic institutions and a global system of jurisprudence that tends to view older jurisdictions as more authentic or authoritative legal sources, the language of common law is seldom explored through a world Englishes lens, but Malaysian law has opened up possibilities for indigenised and pluricentric common law by its use of Malay alongside English. While some studies have examined bilingualism in Malaysian public courtrooms, few have looked into the less accessible spaces of law office practice. This study investigates bilingual legal practice through the experiences of law students undertaking professional internships at various institutions nationwide. Although some sectors lean toward one language more than the other, most students reported intense and dynamic patterns of bilingualism. The findings offer scope for research specifically into Malaysian legal English from a language contact perspective.
Objective: The onset of symptomatology in depression many a time occurs in adolescence. Although the symptoms of depression frequently appear during adolescence, the delays in detection often happen among young individuals due to the covert and internalizing nature of depression, self-embarrassments, attempts to conceal symptoms, and possibly due to poor insight. Cuijpers et al. (2006) demonstrated that early intervention especially in school will reduce the burden of disease later and yield better prognosis. Therefore, this study is aimed to evaluate the preliminary feasibility and practicality of a validated school-based Cognitive Behavioral Therapy (CBT) intervention program among Malaysian secondary school students who exhibits elevated depressive symptoms. Methods: A locally adapted and contextualized school-based CBT module for use with secondary school students having depressive symptoms was conducted via a single cohort study. The 8-session weekly CBT intervention was conducted among 10 (ten) Malaysian secondary school students (mean age=16) who reported elevated levels of depressive symptoms on a screening survey (N=98) via group approach. Results: The application of the validated school-based CBT module was associated with lower levels of depressive symptoms and negative automatic thoughts among the students who were observed through the repeated measures and this was sustained until 1-month follow up period. Conclusion: This study answered the feasibility and practicality of the execution of a clinically-based therapy as a school-based intervention. Furthermore, this study contributes greatly as a baseline evidence for future research in school-based intervention for Malaysian adolescents.
1. Introduction 2. The Film Industries in Malaysia, Hong Kong and Australia in their Socio-legal Context 3. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Laws, Guidelines and Processes 4. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Key Issues 5. Film Censorship Systems in Malaysia, Hong Kong and Australia: The Practitioners' Opinions and Experiences 6. Judicial Review of Film Censorship Decisions 7. Conclusion: Proposals for the Reform of the Malaysian Film Censorship System and Further Research
Despite widespread recognition as a fundamental human right across common law and civil law jurisdictions, the right to privacy remains a novel concept yet to be fully defined in Malaysia. Due to the absence of written law, Malaysian courts remain starkly divided on whether the right to privacy can sustain a free-standing cause of action enforceable between individuals in civil actions distinct from trespass, nuisance and breach of confidence. To resolve this legal conundrum, this article examines the current state of Malaysian law in recognising invasion of privacy as an actionable tort based on conventional norms. Reference will be made to primary sources of law, i.e., the Federal Constitution, statutes, and judicial decisions, as well as secondary sources of law inclusive of scholarly writings and judicial decisions from foreign common law jurisdictions where laws on privacy have ripened, i.e. the US, UK, New Zealand, and Canada. The article consists of three parts. the first part provides a summary of normative values of privacy. Second, examination of the judicial decisions by the Malaysian Federal Court, Court of Appeal, and High Court on the right to privacy. Third, evaluation of alternative sources of written law and the common law tests to establish the tort of invasion of privacy. This article concludes that a fresh paradigm is required to develop the Malaysian legal framework on privacy to ensure coherence with its normative origins and consistency with the legal standards of other common law jurisdictions.
In 2007, the Malaysian Companies Act 1965 was amended to incorporate new provisions to deal with directors’ duties of care, skill, and diligence and their powers of delegation and reliance on information provided by others. In addition, a ‘business judgment rule’ was inserted into the Act. This article examines, from the Malaysian perspective, the origins of these novel provisions, their contents, the need for enacting them and their likely impact on business processes and managerial decisions made by company directors in Malaysia.
Film censorship has always been a controversial matter, particularly in jurisdictions with restrictive state-based censorship systems. This book reviews the film censorship system in the Asia-Pacific by comparing the systems used in Malaysia, Hong Kong and Australia. It identifies the key issues and concerns that arise from the design and implementation of the system by examining the censorship laws, policies, guidelines and processes. The book evaluates film practitioners' and censors' opinion of, and experience in, dealing with those issues, and goes on to develop reform proposals for the film censorship system.
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