Kuala Lumpur, 18 October — Kuala Lumpur Regional Centre for Arbitration (KLRCA) together
with Lincoln’s Inn Alumni Association Malaysia and Bar Council Malaysia
recently organised a book launch authored by the Honourable Justice
Datuk Dr. Haji Hamid Sultan bin Abu Backer from the Court of Appeal
Malaysia.
This
unprecedented launch saw three of the judge’s books titled, ‘Janab’s
Key to Criminal Procedure 3rd Edition’, ‘Janab’s Key to Law of Evidence
4th Edition’ and ‘Janab’s Key to Islamic Banking with Medjelle (Ottoman
Code)’, unveiled simultaneously. The event was well received with the
presence The Right Honourable Tan Sri Dato’ Seri Zulkefli bin Ahmad
Makinudin, the Chief Judge of Malaya along with a bench of judges from
the Malaysian judiciary. Also in attendance were a host of legal
practitioners.
The
books were launched by YABhg Tun Zaki bin Tun Azmi who is the President
of the Honourable Society of Lincoln’s Inn Alumni, Malaysia and former
Chief Justice of Malaysia; Mr Christopher Leong, President of the
Malaysian bar; and Professor Datuk Sundra Rajoo, Director of the Kuala
Lumpur Regional Centre for Arbitration (KLRCA).
“KLRCA
has always been a keen advocate towards the development of the nation’s
legal scene. Being an Alternative Dispute Resolution Centre, we make it
our mission to source for industry related seminars, conferences and
reading materials that have the capacity to enhance our existing
knowledge and comprehension on this subject matter,” said Professor
Datuk Sundra Rajoo, in his opening address.
Hon.
Justice Datuk Dr. Haji Hamid Sultan has also authored numerous books
prior to these releases. Amongst them being Janab’s Key to Civil
Procedure in Malaysia and Singapore, the 5th edition of which was
published in 2012.
The
book launch was then followed by a seminar titled “Is Knowledge in
Adjectival Law the Key to Successful Trial and Appellate Advocacy?”. The
distinguished panelists included Hon. Justice Dato’ Mohamad Ariff bin
Mohd. Yusof, Hon. Justice Dato’ Mah Weng Kwai, Hon. Justice Dato’ Umi
Kalthum binti Abdul Majid, Hon. Justice Tuan Vernon Ong Lam Kiat and
Hon. Justice Dr. Prasad Sandosham Abraham. The session was moderated by
Hon. Justice Dato’ Nallini Patmanathan.
The
morning’s proceedings were concluded by a winding-up speech on
Procedural Law by YBhg Datuk Seri Gopal Sri Ram, Vice President of the
Honourable Society of Lincoln’s Inn Alumni Association, Malaysia.
About
Janab’s Key to Criminal Procedure (3rd Edition), Janab’s Key to Law
Evidence (4th Edition) and Janab’s Key to Islamic Banking with Medjelle
(Ottoman Code)
A) Janab’s Key to Criminal Procedure (3rd Edition)
The
3rd edition of Janab’s Key to Criminal Procedure is a comprehensive
guide to the law and practice of Criminal Procedure in Malaysia. The
Criminal Procedure Code has seen some major amendments in the recent
years, in particular it introduces new concept such as pre-trial
conference, plea bargain, case management protocols, admissions, witness
statement, inclusive of in roads to hearsay rule in criminal cases
which is going to have significant impact on criminal practice in
Malaysia.
This
book consists of detailed discussion of the principle and practice of
Criminal Procedure with detailed commentary to the criminal Procedure
Code. Special emphasis is given to jurisdiction of criminal courts,
arrests, seizable and non-seizable offence, seizable case and
non-seizable case, bail, bailable offences, unbailable offences, bond
surety and security, complaint, information and first information
reports, inquiry, investigation and trial, sanction and consent, summons
and warrant, summary trial, trial in High Court, sentence, alibi,
expert report, impeachment proceedings, appeals to High Court, Court of
Appeal and Federal Court.)
B) Janab’s Key to Law of Evidence (4th Edition)
Janab’s
key to the law of evidence is an excellent introduction and
comprehensive guide for all who are engaged in the study, practice and
administration of the law.
The
author surveys the concept of Law of Evidence and highlights of the
substantive and procedural principles with extensive reference to the
common law. The position of Law of Evidence to a large extent is
comprehensively covered and salient differences of approach with the law
in India are also highlighted.
The
author has included the latest amendments to the Law of Evidence in
Malaysia and has taken into account the latest judicial pronouncements
in this area of the law.
The
book is arranged to reflect and cove the syllabus of the law faculties
and departments of the local institutions of higher education. In
addition legal practitioners and the judiciary will find this book of
benefit for quick references.
C) Janab’s Key to Islamic Banking annexed with Medjelle (Civil Code of Ottoman Code Calliphate)
In
the last four or five decades, Islamic trading concepts have been
used as financing instrument to provide banking facilities. It started
in Mit Ghamr, Egypt by Ahmad EI Najjar in 1963. The concept was
expanded in countries like Malaysia and the Middle East and followed
by many other countries inclusive of United Kingdom. The jurisprudence
relating to Islamic Trading concepts have been documented in the
Medjelle. The importance of Medjelle in the study, practice and
administration of Islamic Banking has been addressed in Chapter One of
this book. The author who is a prolific writer has revised this popular
works for bringing to light the importance of Medjelle. He has written a
number of books on adjectival law as well as commercial and civil law
and his first book on Islamic Banking was published in 2003. This 3rd
Edition has valuable features in that the Medjelle (Ottoman Code or
Civil Law) which had codified Islamic law as well as Islamic commercial
transaction in extensor has been annexed. It is well known that Medjelle
has been widely referred to by various authors in the past as an
authoritative text to explain Islamic law and its concepts. The study of
Islamic Banking will be complete if students and jurists have not
exposed themselves to Medjelle.
Review of Three Books by Datuk Dr. Hj. Hamid Sultan Abu Backer JCA
Contributed by GK Ganesan, Member of the Bar
Janab's
Key to the Law of Evidence, Janab’s Key to Islamic Banking annexed with
Medjelle and Janab's Key to Criminal Procedure by Datuk Dr. Hj. Hamid
Sultan Abu Backer JCA
There are very few
good books on the law of evidence, criminal procedure or on Islamic
banking. Even then, there is very little current material on these
subjects by legal practitioners, and certainly nothing on it written by
serving judges. In this regard, Datuk Dr. Hj. Hamid Sultan Abu Backer
JCA has rendered signal service to the judiciary and legal profession
with the latest edition of three books, Janab's Key to the Law of Evidence, Janab’s Key to Islamic Banking annexed with Medjelle and Janab's Key to Criminal Procedure.
An
outstanding feature of the Key series is the emphasis placed on
procedure, which is sometimes lacking in other texts. The Janab’s Keys
would no doubt go a long way in overcoming these omissions.
After
Tun Zaki Azmi, the former Chief Justice, had launched the books, to
commemorate the occasion, a panel discussion was held. Moderated by
Datuk Nallini Pathmanathan JCA, it was entitled 'Is knowledge of adjectives law the key to successful trial and appellate advocacy?' The
panelists were all serving Court of Appeal Judges: Dato Mohamad Ariff
Md Yusof, Dato Mah Weng Kwai, Dato Umi Kalthum, Tuan Vernon Ong and Dr.
Prasad Abraham, JJCA.
The single thread running
throughout the entire panel discussion was how otherwise good appeals
and trial cases are marred by a lack of procedural knowledge, and poor
preparation. By way of illustration, a recent certiorari appeal
involving a state government and an advertising company was cited. The
case was lost simply because no application for certiorari had been
filed within the 90-day statutory time limit. Decrying these instances,
the panelists took pains to remind practitioners to get the procedure
right in every case.
In Key to Evidence, (4th Ed.)
there is an in-depth discussion of section 136 of the Evidence Act and
what judges look for when deciding whether to admit evidence. This is a
must-read for any practitioner, as it offers an insight into the
judicial mind.
The Key to Criminal Procedure, (3rd Ed.)
includes an interesting discussion on the constitutionality of death
sentences in Malaysia. Pointing out that the Federal Constitution does
not explicitly grant the Executive power to execute a person, the author
argues that where the Constitution is silent on the right to impose a
death sentence, then such silence must be read in favour of the accused.
This idea is novel as it is brilliant—even, one hopes, life-saving.
Janab’s latest edition of Janab’s Key to Islamic Banking
is a timely addition at a time when the growth of Islamic banking is at
its peak. Islamic Sukuk are now catching up with the conventional bond
markets throughout the world. This edition of the book also contains an
annexure on Medjelle, the Ottoman Civil Code.
During
his speech, this is what the author had to say: ‘... any person who
masters these books on criminal procedure, the law of evidence and
Islamic banking will become a good advocate, and God willing ... perhaps
even a great judge.’
GK Ganesan
Kuala Lumpur
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