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Tuesday, November 18, 2014

Three Books Launched Simultaneously Authored by Esteemed Judge Hamid Sultan

 


©Kuala Lumpur Regional Centre for Arbitration (Used by permission)

From Left : Mr. Christopher Leong, The Right Honourable Tan Sri Dato’ Seri Zulkefli bin Ahmad Makinudin, Honourable Justice Datuk Dr. Haji Hamid Sultan bin Abu Backer, YABhg Tun Zaki bin Tun Azmi, Professor Datuk Sundra Rajoo

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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