Chin Lau Wong & Foo

Bespoke Law; Notary Public; Commissioner for Oaths; Intellectual Property; Corporate; Employment; Dispute Resolution

Protecting Sabah traditional knowledge 13/06/2024

https://www.dailyexpress.com.my/news/235926/protecting-sabah-traditional-knowledge/

Protecting Sabah traditional knowledge Kota Kinabalu: Malaysia Intellectual Property Corporation (MyIPO) and Sabah Biodiversity Centre (SaBC) have signed a Memorandum of Understanding (MOU) to ensure the effective protection and management of traditional and genetic resources in Sabah.

Pilot’s retrenchment upheld, AirAsia’s ‘best fit’ policy fair, says court 12/06/2024

https://www.freemalaysiatoday.com/category/nation/2024/06/12/pilots-retrenchment-upheld-airasias-best-fit-policy-objective-fair-says-court/

Pilot’s retrenchment upheld, AirAsia’s ‘best fit’ policy fair, says court The Industrial Court rules the airline was justified in deviating from the ‘last-in, first-out’ principle during the Covid-19 pandemic.

AirAsia’s retrenchment based on high salaries improper, unfair, rules court 29/05/2024

https://www.freemalaysiatoday.com/category/nation/2024/05/29/airasias-retrenchment-based-on-high-salaries-improper-unfair-rules-court/

AirAsia’s retrenchment based on high salaries improper, unfair, rules court The Industrial Court awarded two aircraft engineers combined compensation of RM788,670, saying their selection for retrenchment was ‘unjust’ and ‘inequitable’.

Kibing Group makes first solar glass shipment from Sabah 22/04/2024

Sabah Inc, open for business

Kibing Group makes first solar glass shipment from Sabah KOTA KINABALU, April 21 — Kibing Group today made the inaugural shipment of locally manufactured solar glass, marking a significant milestone for Sabah’s industrial...

How China turned its ‘laughing stock’ car into a Tesla killer 17/02/2024

How China turned its ‘laughing stock’ car into a Tesla killer The founder of Chinese electric car titan BYD Wang Chuanfu made two risky bets in the company’s infancy. They have paid off.

09/02/2024
Opinion: A judge voids Musk's huge Tesla pay package as dishonest, and hoo boy, is he steamed 05/02/2024

Opinion: A judge voids Musk's huge Tesla pay package as dishonest, and hoo boy, is he steamed Elon Musk may be learning the hard way that his streak of always having things his own way is coming to an end.

Recovery expected in Sabah's hotels, resorts and malls 11/01/2024

Recovery expected in Sabah's hotels, resorts and malls KUCHING (Jan 8): Sabah anticipates further recovery in the performance of its hotel and resort segment, supported by growth in its tourist arrivals as well as increase in direct flight frequencies into the State. This was among the highlights from Knight Frank in its real estate report for the se

Industrial Court orders ‘vexatious litigant’ to pay ex-employer legal costs 03/01/2024

Industrial Court orders ‘vexatious litigant’ to pay ex-employer legal costs Ching Suet Yeen had brought at least 10 unfair dismissal claims since 2010 and was absent from proceedings.

Special state assembly passes laws for Sabah to map its own energy needs 03/01/2024

Historic indeed!

Special state assembly passes laws for Sabah to map its own energy needs KOTA KINABALU: A one-day special Sabah state assembly session saw the state government taking over regulatory authority over power supply from the Federal Government.

Mickey Mouse will soon belong to you and me - with some caveats 31/12/2023

https://www.thestar.com.my/lifestyle/culture/2023/12/31/mickey-mouse-will-soon-belong-to-you-and-me---with-some-caveats

Mickey Mouse will soon belong to you and me - with some caveats Other properties entering the US public domain are Charlie Chaplin’s film 'Circus', Virginia Woolf’s novel 'Orlando' and Bertolt Brecht's musical play 'The Threepenny Opera'

How Malaysia is finding its way out of the middle-income trap 26/12/2023

How Malaysia is finding its way out of the middle-income trap It has taken the slow but steady route while addressing an ethnic incongruity

17/12/2023

Trapped in Limbo: Why Proposed Citizenship Amendments Threaten Sabah's Stateless Children

Imagine being born in the land you call home, yet having no official right to be there. This is the harsh reality for thousands of Malaysians in Sabah, born without citizenship, condemned to exist in a grey area - stateless. Now, a proposed tweak to the Constitution threatens to slam shut a narrow window of hope for these children, potentially leaving them trapped in an even deeper, crueller limbo.

While citizenship amendments sound abstract, their impact for Sabah's stateless children is deeply personal. Under the current law, children born to Malaysian mothers (regardless of the father's nationality) automatically become citizens. This lifeline prevents generations of statelessness. However, the proposed change grants the Home Ministry sole power to decide on citizenship, introducing a layer of uncertainty and subjectivity into the process.

Why should this raise alarm? Imagine navigating life without an official identity - no birth certificate, no passport, no right to education or healthcare. Stateless children in Sabah grapple with these limitations daily, denied basic rights often taken for granted. Now, imagine placing their fate solely in the hands of an overburdened bureaucracy, known for its complex procedures and opaque decision-making. This is not a path to progress, but a recipe for despair.

Proponents of the amendment argue it strengthens national security. Yet, pushing children into statelessness does the opposite. It creates a vulnerable underclass, susceptible to exploitation and crime. They become shadows, unable to contribute meaningfully to society, forever stuck on the sidelines. Is this the future we envision for our fellow Malaysians, especially the innocent children of Sabah?

Instead of building walls, we should be tearing down barriers. Instead of adding layers of bureaucracy, we should be crafting solutions that recognise the inherent right of every child to belong. The current law, despite its imperfections, offers a beacon of hope for stateless children. To extinguish it would be not only unjust but also counterproductive, jeopardising the well-being of thousands and casting a shadow over the nation's conscience.

Let us raise our voices, for ourselves and for those without a voice. Let us reject amendments that would condemn Sabah's stateless children to a life of perpetual uncertainty. Let us demand instead a path to citizenship, a chance for these children to finally truly belong, to contribute, and to shine their light on our beloved Malaysia.

Remember, this is not just about legal technicalities, it's about human lives. It's about choosing compassion over bureaucracy, hope over despair. Stand with Sabah's stateless children, and stand for a Malaysia that embraces all its children, regardless of the circumstances of their birth.

Commentary: How did Malaysian budget carrier MYAirline fail so quickly? 12/12/2023

Commentary: How did Malaysian budget carrier MYAirline fail so quickly? Malaysia should review requirements and policies for new airlines following the sudden collapse of MYAirline, writes aviation analyst Brendan Sobie.

10/12/2023

Fallacy of Sabah's Small Population: Why Documenting 4 Million is Crucial

Despite its significant 4 million people, representing 10% of Malaysia's population, a persistent fallacy claims Sabah's population is too small for significant economic impact. This fallacy impedes Sabah's development and hinders its potential for sustainable growth. However, documenting the actual population is crucial to debunking this myth and unlocking the true economic potential of Sabah's human capital.

1. Unveiling the Fallacy

The notion of Sabah's "small" population often arises from inaccurate data or incomplete understanding. This fallacy ignores the substantial workforce potential and sizeable consumer base inherent in 4 million people. Furthermore, it fails to consider the unique demographic composition and entrepreneurial spirit prevalent in Sabah.

2. Importance of Documentation

Documenting the population provides accurate and reliable data, dispelling the myth of a small population. This data empowers the government to make informed decisions about resource allocation, infrastructure development, and social programs. It also provides a clearer understanding of the needs and challenges of the population, paving the way for targeted interventions and improved social and economic outcomes.

3. Beyond Numbers: The Power of Human Capital

Sabah's population is not simply a number; it represents a diverse and vibrant community with immense potential. Formalizing the workforce through documentation encourages individuals to participate in the formal economy, contributing to economic growth through increased tax revenue and social security. Additionally, it facilitates access to financial services and business opportunities, empowering entrepreneurs to innovate, create jobs, and diversify the economy.

4. Stimulating Domestic Consumption

A documented population allows businesses to understand consumer preferences and spending patterns, enabling them to tailor products and services to specific needs and desires. This translates to increased demand, economic activity, and ultimately, a more robust domestic economy. Furthermore, rising disposable income due to increased economic participation fuels further consumption, creating a positive cycle of growth.

5. Unlocking Sabah's Economic Potential

Documenting the population is essential for attracting foreign investors seeking a reliable and skilled workforce. Accurate data showcasing the true size and potential of Sabah's human capital can encourage increased foreign direct investment, job creation, and technology transfer, further propelling Sabah's economic development.

6. Beyond Resource Dependence

Improved tax collection through a documented population provides the state government with additional resources to invest in strategic sectors like tourism, agriculture, and manufacturing. This diversification reduces reliance on volatile resource-based industries and creates new opportunities for sustainable economic growth and development.

Conclusion

The fallacy of Sabah's small population has held back its economic potential for too long. Documenting the true size and composition of Sabah's 4 million people is crucial to debunking this myth, unlocking human capital potential, and paving the way for a more prosperous and inclusive future for Sabah. By leveraging accurate data and implementing targeted interventions, Sabah can move beyond the limitations of the "small population" fallacy and embrace its true economic potential.

09/12/2023

Outdated Laws in Sabah: A Need for Reform

Sabah, the Malaysian state on the island of Borneo, faces a challenge with outdated laws hindering its development and progress. These laws, many dating back to colonial times and even earlier, fail to address contemporary issues and needs, creating an environment of uncertainty and inefficiency.

Examples of Outdated Laws:

Land Ordinance and Subsidiary Title Enactment: This complex and cumbersome system of land ownership hinders efficient land use and development. Its outdated procedures and terminology make land transactions slow and costly.

Maintenance Ordinance: This law, governing spousal and child support, provides inadequate protection for women and children. Its outdated provisions do not address modern economic realities, leading to insufficient financial support for dependents.

Native Courts Enactment: While acknowledging the unique customs and traditions of indigenous communities, the procedures and judgments of these courts lack transparency and are often subject to challenges and delays.

Mineral Enactment: This law, still not yet in force, fails to provide a clear and comprehensive framework for the mining industry, hindering investment and development in this crucial sector.

Minor Offences Ordinance: This ordinance, with its outdated penalties and procedures, does not effectively address petty crimes and contributes to backlogs in the justice system.

Justification for a Dedicated Law Reform Committee:

Comprehensive review and reform: A dedicated committee can systematically review all state laws and identify those in need of urgent reform. This ensures a thorough and coordinated approach, addressing inconsistencies and harmonizing legal frameworks.

Expert input and stakeholder consultation: The committee can involve legal professionals, academics, and civil society representatives, ensuring diverse perspectives and expertise inform the reform process. This enhances the legitimacy and acceptance of the proposed changes.

Public awareness and engagement: A dedicated committee can actively engage with the public through workshops, forums, and media campaigns. This raises awareness of outdated laws and their impact, encouraging public participation in the reform process.

Efficient and timely implementation: A dedicated committee can work collaboratively with the government and relevant stakeholders to draft new legislation and ensure its smooth implementation. This prevents delays and ensures the timely realization of the reforms.

Sustainability and future-proofing: A permanent law reform committee can continue to monitor and evaluate the effectiveness of legal reforms, proposing adjustments and updates as needed. This ensures that Sabah's legal framework remains relevant and adaptable in the face of evolving societal and technological changes.

By establishing a dedicated law reform committee, Sabah can embark on a comprehensive and systematic overhaul of its outdated legal system. This will pave the way for a more just, efficient, and prosperous future for the state and its citizens.

09/12/2023

The move to Nusantara by Indonesia presents several potential benefits for Sabah, and strategic considerations could significantly enhance these advantages:

1. Diversification of Exports
Sabah currently faces challenges with export readiness for its products. To optimize benefits from Indonesia's Nusantara initiative, the focus should shift towards exporting services, such as F&B, professional services (legal, engineering, architectural), and alternative dispute resolution through the Borneo International Centre for Arbitration and Mediation in Kota Kinabalu. This strategic pivot can leverage Sabah's strengths in the service sector.

2. Promotion of Offshore Banking
Labuan stands out as the primary hub for offshore banking on Borneo Island. Sabah should capitalize on this by marketing Labuan's credible offshore banking services to the numerous multinational corporations (MNCs) investing in Nusantara. This approach can attract financial interests and foster economic partnerships.

3. Establishment of an Advisory Council
To navigate the transition towards service exports, Sabah should institute an advisory council comprising professionals and leaders from the consumer services sector. This council can provide valuable insights and guidance on the strategic direction required for the successful export of Sabah's services.

4. Strategic Sales Approaches
Until the completion of the CIQS facility in Sabah, the focus should shift from individual local companies attempting to pe*****te Kalimantan to a more efficient strategy. Sabah could target distributors headquartered in Jakarta, enabling them to move smaller quantities of products but in aggregated bulk to Kalimantan consumers. This approach can streamline the distribution process and enhance market reach.

5. Development of a Structured Blueprint:

Sabah urgently needs a structured blueprint for its export initiatives, ensuring a cohesive and coordinated effort rather than individual enterprises reinventing the wheel. With Nusantara still in its nascent stage, a well-structured plan is crucial before Indonesian MNCs dominate the Kalimantan market. The time to act is now to secure a space for Sabah businesses.

Overall, these strategic moves will position Sabah favorably in the evolving landscape of Nusantara, ensuring a competitive edge and sustainable growth

Taylor Swift named Time Person of the Year 07/12/2023

"Her cunning next move was a huge risk that perhaps only an artist of her stature and wealth could take: Swift decided she would re-record her first six albums to own their rights, urging her fans to listen to “Taylor’s Version” instead of previous releases." - How to goal copyright law

Taylor Swift named Time Person of the Year NEW YORK, Dec 7 — With a prolific musical output, a remarkably bankable tour and a name that’s headline catnip, it’s no surprise that Time Magazine has declared 2023 the Year...

Development in the law concerning the power of AG ― Hafiz Hassan 06/12/2023

Development in the law concerning the power of AG ― Hafiz Hassan DECEMBER 5 ― Given the Malaysian Bar announcement on Monday that it has filed a judicial review against the attorney general’s (AG) decision to apply for a discharge not...

Woman fined for copyright infringement for using AI-created picture 01/12/2023

https://www.dailyexpress.com.my/news/224572/woman-fined-for-copyright-infringement-for-using-ai-created-picture/

Woman fined for copyright infringement for using AI-created picture KUALA LUMPUR: In a first, the Beijing Internet Court has ruled that it was an infringement of copyright to use a picture created with generative artificial intelligence (AI) software on a third party's online platform.

E-hailing drivers not employees, court reaffirms 28/11/2023

https://www.dailyexpress.com.my/news/224338/e-hailing-drivers-not-employees-court-reaffirms/

E-hailing drivers not employees, court reaffirms PUTRAJAYA: The Court of Appeal today affirmed that an e-hailing driver is not a workman, as defined by the Industrial Relations Act 1967, in dismissing a woman’s appeal for the industrial court to hear her unfair dismissal case.

SMJ roadmap sets development plan for Sabah 14/11/2023

SMJ roadmap sets development plan for Sabah LABUAN: The Sabah Maju Jaya (SMJ) roadmap is a comprehensive development plan that spans various sectors of society, says Sabah Chief Minister Datuk Seri Hajiji Mohd Noor.

SMJ makes its move on Petronas assets to grow Sabah’s O&G revenue 31/10/2023

SMJ makes its move on Petronas assets to grow Sabah’s O&G revenue SMJ Sdn Bhd, an oil and gas (O&G) company that is wholly owned by the Chief Minister Inc of Sabah, is looking to acquire six more O&G assets from national oil major Petroliam Nasional Bhd (Petronas) in the next six to 12 months. It also aims to conclude its RM1.2 billion acquisition of de...

Sabah, S'wak will benefit economically from Nusantara, says Zambry 10/10/2023

Sabah, S'wak will benefit economically from Nusantara, says Zambry KUALA LUMPUR: Malaysia, particularly Sabah and Sarawak, has the potential to benefit economically from Indonesia’s new capital city Nusantara, says Datuk Seri Dr Zambry Abdul Kadir.

2 more industrial parks to boost Sabah’s economy 07/10/2023

2 more industrial parks to boost Sabah’s economy Chief minister Hajiji Noor says the one in Kimanis will be for the oil and gas industry while the other in the Kota Marudu-Kota Belud area will be a general industrial park.

Cut red tape, improve ease of doing business in M’sia, Anwar tells authorities 24/09/2023

Sabah must be better

Cut red tape, improve ease of doing business in M’sia, Anwar tells authorities PM says very disappointed to hear of companies facing delays in receiving necessary approvals

Govt to enact Freedom of Information Act to give public greater access: PM 14/09/2023

Govt to enact Freedom of Information Act to give public greater access: PM The legislation is intended to provide clear parameters and guidelines on access to government materials

Coca-Cola (Coke) it is - The world’s most valuable beverage brand in 2023; Nestle tops food brand category 03/09/2023

Coca-Cola (Coke) it is - The world’s most valuable beverage brand in 2023; Nestle tops food brand category What makes a brand valuable? What makes it stand out among the millions of food and beverage (F&B) brands battling for the consumer’s attention?

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