Author Archive

Was the sacking of Anwar Ibrahim from the Cabinet 11 years ago lawful?

12 March, 2010
By NH Chan

11 years ago, the Deputy Prime Minister of Malaysia, Dato' Seri Anwar Ibrahim was sacked from the cabinet. An incisive look at the Federal Court decision that the sacking was lawful and why it is lawful.
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Posted in Judging the Judges | 5 Comments »

Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 2)

9 March, 2010
By NH Chan

A thorough and critical consideration of the Federal Court’s inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 as it relates to section 51 and 51A of the Criminal Procedure Code and the Federal Court decisions in Adorna Properties v Kobchai Sosothikul 1 MLJ 417 and Asean...
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Posted in Judging the Judges | 8 Comments »

Judges Can Fly – in the face of Rule 137 of the Federal Court Rules! (Part 1)

8 March, 2010
By NH Chan

A thorough and critical consideration of the Federal Court's inconsistent and dishonest approach to Rule 137 of the Rules of the Federal Court 1995 in 2 parts. This part considers the recent Federal Court decision dismissing Anwar Ibrahim's application to review a previous Federal Court decision dismissing his application for disclosure of documents for...
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Posted in Judging the Judges | 1 Comment »

Bias, and Why It Is So Easy to Expose a Judge for Incompetence

1 March, 2010
By NH Chan

Why I say it is so easy to expose our judges for incompetence – but this can only happen in Malaysia.
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Posted in Judging the Judges | 1 Comment »

The Federal Court in Nizar v Zambry: A critique

19 February, 2010
By NH Chan

On 9 February 2010 the Federal Court (Alauddin Mohd Sheriff PCA, Arifin Zakaria CJ (Malaya), Zulkefli Ahmad Makinudin, Mohd Ghazali Mohd Yusoff and Abdul Hamid Embong FCJJ) handed down a unanimous decision on Nizar v Zambry. The judgment of the court was read by Chief Judge, Malaya Arifin Zakaria.
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Posted in Selected Judgments | 14 Comments »

The Necessity of Judging the Judges

8 February, 2010
By NH Chan

For the anniversary of the power grab for control of the Perak State Government by the BN led Government in power, Malaysianinsider asked me to write an essay on the topic that the biggest casualty out of that entire episode is the Law. But the Law is not a casualty.
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Posted in Judging the Judges | 3 Comments »

Nazri’s Offer of a Way Out: A Commentary

20 January, 2010
By NH Chan

A commentary on Nazri's compromise on the 'Allah' issue from a more holistic appreciation of the Abrahamic faiths.
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Posted in Bolehland | 6 Comments »

The Court of Appeal’s “Outline of Reasons” in Anwar Ibrahim v PP – A Critique

22 July, 2009
By NH Chan

UPDATED! (With link to Zainur Zakaria v PP) I must apologize for the delay in giving this critique. The Court of Appeal gave its decision on July 2. I received the “Outline of Reasons” from Ngan Siong Hing only last Friday, July 17. Without him supplying me with a copy of the judgment of the...
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Posted in Judging the Judges | 5 Comments »

MB v MB appeal: 3 Answers

13 July, 2009
By NH Chan

With reference to the 3 questions for the Federal Court on the MB v MB appeal mentioned here, my answers are as below:
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Posted in Case Notes | 10 Comments »