Latest news with #BHEUU
The Star
a day ago
- Business
- The Star
Making global companies pay up
PUTRAJAYA: A cross-border insolvency legal framework will ensure that Malaysia is equipped to handle insolvency cases involving multiple countries, says the government. The Legal Affairs Division (BHEUU) of the Prime Minister's Department said the Cross-Border Insolvency Bill 2025 aims to facilitate foreign access to Malaysian courts, recognise international proceedings and foster judicial cooperation. Once passed, companies with debts to be paid will not only have its local entity be liable, but its foreign branches too. The law would also apply to foreign companies in debt overseas but with branches in Malaysia. Currently, companies can claim they are unable to pay their debts, despite having assets and cash in other countries. The Bill was tabled for its first reading yesterday in the Dewan Rakyat by Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said. BHEUU deputy director-general of the law reform section, Thiyagu Ganesan said that without a clear system, dealing with assets and creditors across borders can become messy, unfair and unpredictable. 'Most of the time, when disputes occur, companies would transfer their assets here and there. With such a law in place, business operators would know where to go to settle their disputes. 'Apart from allowing creditors to collect their dues, this law would also enable companies to preserve necessary assets to ensure continuity of businesses. 'In today's global economy, businesses often operate in many countries. This creates challenges when they face financial trouble. 'To ensure stability, to protect investors and handle business failures smoothly, a fair and efficient process is essential,' said Thiyagu. The Bill, however, explicitly excludes individual bankruptcies, limited liability partnerships, non-commercial government-related entities, and specific financial sector entities already governed by specialised regulations. 'There are safeguards for national interest assets, for example utilities or energy-related assets which may cause a shutdown of the country,' he added. Thiyagu, who is also the Chair of the Cross-Border Insolvency Reform Working Committee, said that MPs from both government and opposition parties have been briefed and consulted prior to the tabling of the Bill. He said that Malaysia felt the urgent need to reform its cross-border insolvency laws in line with international standards. It is also proof of Malaysia's intentions to prioritise ease of doing business. 'The Bill is a mirror of the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency. 'Historically, Malaysia's framework relied on Common Law, leading to inconsistencies that this comprehensive statutory framework will address. 'This internationally recognised framework provides a clear, predictable and fair process for handling insolvency cases involving multiple countries,' he added. Thiyagu said the Bill is expected to bring significant benefits, including enhanced legal certainty through consistent rules, stronger international cooperation between Malaysian and foreign courts and insolvency representatives. 'This will reinforce creditor protection (for both domestic and international parties) and boost investor confidence. 'The streamlined processes will minimise cost and do away with inconsistent multi-jurisdictional proceedings.' He said any conflicting provision shall be subject to prevailing Malaysian laws on corporate insolvency. He added the High Court will be the central authority for all cross-border insolvency matters. The High Court will also have discretion to reject recognition or relief if it conflicts with Malaysia's 'public policy', a flexible concept left undefined to adapt to evolving national interests, security or fundamental legal principles. 'High Court permission will be mandatory before Malaysian assets of an insolvent company can be transferred to foreign jurisdictions. 'The Court will also have the discretion to allocate a portion of these assets for local creditors, particularly small and medium enterprises, for claims below a yet-to-be-determined threshold, acknowledging their vital role in Malaysia's economy. 'While initially focused on corporate insolvency, the law is intended to expand to individual insolvency in a phased approach, if it is needed,' said Thiyagu. The Bill will undergo its second reading today.
The Sun
7 days ago
- Politics
- The Sun
Malaysia strengthens whistleblower protection with new legal amendments
PUTRAJAYA: The Whistleblower Protection (Amendment) Bill 2025, passed unanimously in the Dewan Rakyat, represents a significant step in Malaysia's efforts to promote integrity and combat corruption. The Legal Affairs Division (BHEUU) hailed the amendments as a crucial development under the National Anti-Corruption Strategy 2024–2028. According to BHEUU, the updated law aims to encourage more individuals to report misconduct without fear of retaliation. 'The MADANI government remains committed to rejecting all forms of intimidation against whistleblowers and will continue to strengthen protection policies to build a more transparent, accountable and corruption-free Malaysia,' the agency stated. Key reforms include the formation of a Whistleblower Protection Committee to oversee implementation and the removal of legal loopholes that previously allowed protection for corrupt acts. 'This principle is crucial to ensure that any misconduct or harmful action occurring in the public or private sector can be exposed, provided the disclosure is made responsibly and in accordance with the stipulated conditions,' BHEUU explained. Additional safeguards extend protection through the Witness Protection Programme for those facing threats after reporting wrongdoing. The amendments also introduce Section 11(1A), granting enforcement agencies discretion to maintain or revoke protection based on public interest. 'These amendments are vital in allowing for the revocation of protection if a whistleblower is found to have participated in the misconduct in question,' the statement added. BHEUU expressed gratitude to lawmakers, stakeholders, and civil society for their contributions in shaping the reforms. The amendments are expected to reinforce public trust in governance while ensuring accountability across sectors. – Bernama
Barnama
7 days ago
- Politics
- Barnama
BHEUU Hails Amendments To Whistleblower Protection Act
GENERAL PUTRAJAYA, July 23 (Bernama) -- The Whistleblower Protection (Amendment) Bill 2025, which was unanimously passed in the Dewan Rakyat yesterday, marks a major milestone in the MADANI government's efforts to strengthen integrity, combat corruption and protect whistleblowers acting in the national interest. The Legal Affairs Division (BHEUU), in a statement today, said the amendments are in line with the National Anti-Corruption Strategy 2024–2028. According to BHEUU, the amendments are expected to boost public confidence in coming forward to report misconduct or abuse without fear of being unprotected by the law. 'The MADANI government remains committed to rejecting all forms of intimidation against whistleblowers and will continue to strengthen protection policies to build a more transparent, accountable and corruption-free Malaysia,' it said in the statement. BHEUU also extended the government's appreciation to all Members of Parliament, stakeholders and civil society for their contributions, feedback and support in realising the amendments for the nation's future. According to the statement, the amendments introduce several key reforms, including the establishment of a Whistleblower Protection Committee to ensure a more systematic and effective implementation of the Act, and the removal of the proviso in Section 6(1) to prevent protection for acts of corruption, abuse of power or misconduct. 'This principle is crucial to ensure that any misconduct or harmful action occurring in the public or private sector can be exposed, provided the disclosure is made responsibly and in accordance with the stipulated conditions,' it said. In addition, the amendments provide for extended protection through the Witness Protection Programme under the Witness Protection Act 2009 for individuals threatened after making disclosures, and the inclusion of Section 11(1A), which grants enforcement agencies discretionary powers to maintain protection based on public interest. 'These amendments are vital in allowing for the revocation of protection if a whistleblower is found to have participated in the misconduct in question,' it added.
The Star
15-07-2025
- Politics
- The Star
‘Restore trust in our judiciary'
PUTRAJAYA: Hundreds of lawyers marched from the Palace of Justice (POJ) to the Prime Minister's Office complex here in a gathering aimed at defending the independence of the judiciary. Organised by the Malaysian Bar, the 'Walk to Safeguard Judicial Independence' was held to express concern over the vacancies for top posts and other senior judicial roles in the Federal Court, particularly at the High Court level. Many lawyers, dressed in their chambers attire, gathered alongside individuals believed to be from NGOs, arrived as early as 12.30pm. Police presence was minimal, but marshals – believed to be part of the Bar Council – monitored the march. An ambulance was also stationed near the Palace of Justice. At around 2pm, Bar president Mohamad Ezri Abdul Wahab led the procession. Notable figures in attendance included former attorney general Tan Sri Tommy Thomas and PKR deputy president Nurul Izzah Anwar, alongside other prominent lawyers. Mohamad Ezri told reporters that at the end of the walk, the Bar has submitted a memorandum to the PMO calling for urgent reforms to safeguard judicial independence. The memorandum was handed over to the director-general of the Legal Affairs Division (BHEUU) Datuk Zamri Misman, who was present to receive it. Calls for transparency: Lawyers participating in the 'Walk to Safeguard Judicial Independence' in Putrajaya. — ART CHEN/The Star 'I have handed over our memorandum to the director-general of BHEUU Datuk Zamri Misman, who was ready and waiting in the room earlier, and he has acknowledged receipt of the memorandum,' Ezri said. Meanwhile, Nurul Izzah called for an investigation into allegations of judicial interference and the leak of what is believed to be confidential minutes from a recent Judicial Appointments Commission (JAC) meeting. 'It is important that these allegations be investigated to restore trust in our judiciary,' said Nurul Izzah, the daughter of Prime Minister Datuk Seri Anwar Ibrahim, in a statement. 'Investigations can commence under Article 125 of the Federal Constitution through the establishment of an independent tribunal comprising at least five senior judges,' she said. She said such action would go a long way in preserving faith in the system, adding that the judiciary, executive and legislature exists to keep one another in check by ensuring no single branch operates without accountability. 'Today, we exercise the right to peaceful assembly guaranteed by the constitution and upheld by the Prime Minister. 'In the spirit of reform and justice, which are the foundations of Keadilan, we need to improve the existing structure by making it more transparent. 'An independent judiciary is the essential bulwark against overreach by the executive, the Cabinet, and the government as a whole,' she said. Nurul Izzah added that court decisions censure Parliament if and when laws which are oppressive and unconstitutional are introduced. 'Bearing all this in mind, the most crucial thing in an independent judicial system is the lack of interference from internal or external forces. 'As such, persons appointed as the Chief Justice of Malaya; President of the Court of Appeal; the Chief Judge of Malaya; and the Chief Judge of Sabah and Sarawak must not only be capable but also be of the highest moral integrity to carry out the job,' she said. Currently, Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim is assuming the responsibility and duties of the Chief Justice, while Federal Court judge Datuk Zabariah Mohd Yusof, similarly, is taking over the tasks and responsibilities of the Court of Appeal President. On Sunday, Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said the appointment of a new chief justice to head the judiciary will be decided only after the next Conference of Rulers scheduled for July 15-17. Police have also launched an investigation into the alleged leak and dissemination of what is believed to be confidential minutes from a JAC meeting.
New Straits Times
11-07-2025
- Politics
- New Straits Times
Heavier penalties for doxing, stalking, mental harassment as anti-bullying law takes effect
KUALA LUMPUR: The amendments passed by parliament last year to the Penal Code (Amendment) Act 2025 and the Criminal Procedure Code (Amendment) Act 2025, both aimed at addressing physical and cyber bullying, came into force today. The Prime Minister's Department Legal Affairs Division (BHEUU) said both Acts were passed in the Dewan Rakyat (House of Representatives) on Dec 10, 2024 and in the Dewan Negara (Senate) on Dec 16, 2024 with majority support from members of parliament. BHEUU said the enforcement of both Acts is an ongoing effort by the Madani government to strengthen the country's legal system and to keep pace with current needs and new challenges in the modern criminal landscape. "The implementation of these two Acts is to streamline legal procedures, improve the efficiency of the criminal justice process and allow for faster and stricter action against those who break the law," the BHEUU said in a statement. The amendments to both Acts introduce specific provisions that allow for stricter legal action against bullies in line with the government's commitment to protect society, especially vulnerable groups such as children, adolescents and individuals put under mental harassment by bullies. In addition, the amendments also introduce new sections such as Sections 507B to 507G, which specifically provide for proportionate punishment for offences of threatening, insulting or defamatory communications intended to cause emotional distress or fear to the victim. "It also includes the offence of distributing personal information without permission or doxing, which is now classified as a serious crime and punishable by up to three years in prison," it said. In addition, the introduction of the special provision stems from a review of the shortcomings in existing laws which were found to be insufficient to address various forms of psychological and emotional threats in the increasingly challenging digital environment. The government will also continue to ensure that the enforcement of this law is implemented fairly and equitably without affecting the right to freedom of expression as guaranteed by the Constitution. "With the implementation of this Act, the Madani government remains committed to ensuring that the country's laws remain relevant and responsive to the challenges of the digital world in the interest of safety, well-being and justice for all Malaysians."
