DRAFTING DIVISION - Attorney General's Chambers

Drafting DiViSiOn

ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/200692

Drafting DIVISIONThe Drafting Division is responsible for the drafting of legislation that are in accordancewith the Federal Constitution and laws and that complies with the Government’s policies.The Division ensures that all Bills drafted for tabling in Parliament are consistent with theFederal Constitution and are in accordance with legislative drafting norms. At the same time, theDivision ensures that all subsidiary legislation drafted/vetted by the Division are not ultra-viresany Act/Ordinance and are in accordance with legislative drafting norms.The Division drafts/vets Bills and subsidiary legislation in the national language and Englishlanguage, and thus ensures that the legislation are accurate and grammatical and the terms usedin the national language are accepted/approved by the Dewan Bahasa dan Pustaka (Institute ofLanguage and Literature). In addition to this the Division translates contracts, agreements andother legal documents into the national language.The Division receives Bills and subsidiary legislation from Federal Ministries and other FederalGovernment agencies, and serves as an intermediary between Ministries/Departments andPercetakan Nasional Malaysia Berhad, who is the Government Printer. In 2006, 119 Bills werevetted/drafted by the officers of the Division, of which 44 Bills were eventually passed byParliament.ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006The Division is divided into six Units that are each entrusted with the drafting/vetting of legislationfrom respective Federal Ministries or Federal Government agencies. Presently, the Division’sstrength comprises of 69 officers and staff.ORGANIZATION CHARTparliamentary Draftsmandeputy parliamentary DraftsmanUnit I - finance, Trade andEnterpriseUnit II - infrastructure andtechnologyUnit III - natural resources,agriculture and ruraldevelopmentUnit V- constitutional andintergovernmentAL mattersUnit IV - human resourceand developmentUnit VI - public order,security and health93

ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006UNIT IPROFILE OF UNITSSCOPE OF WORKUnit I deals with matters referred to the Division by the Ministry of Finance and thedepartments under its supervision such as the Royal Customs and Excise Department,Inland Revenue Board of Malaysia, Central Bank of Malaysia and Securities Commissionof Malaysia; Ministry of International Trade and Industry, Ministry of Domestic Trade andConsumer Affairs (except the Intellectual Property Corporation) and Ministry of Tourism.UNIT IIUnit II deals with matters referred to the Division by the Ministry of Energy, Water andCommunications, Ministry of Works, Ministry of Transport, Ministry of Housing and LocalGovernment and Ministry of Science, Technology and Innovation.UNIT IIIUnit III deals with matters referred to the Division by the Ministry of Natural Resources andEnvironment, Ministry of Agriculture and Agro-based Industry, Ministry of Plantation Industriesand Commodities, Ministry of Rural and Regional Development, Ministry of Entrepreneurand Co-operative Development, and Federal Land Development Authority and Departmentof National Unity and Integration under the Prime Minister’s Department.UNIT IVUnit IV deals with matters referred to the Division by the Ministry of Education, Ministryof Higher Education, Ministry of Human Resources, Ministry of Culture, Arts and Heritage,Ministry of Youth and Sports, Ministry of Women, Family and Community Development andMinistry of Information.UNIT V94Unit V deals with matters referred to the Division by Parliament, the Election Commission,Prime Minister’s Department, Ministry of Foreign Affairs and Ministry of Federal Territories.It also deals with matters generally relating to the national language, the Bahasa MalaysiaExamination Panel of the Legal Profession Qualifying Board, and Dewan Bahasa danPustaka. This Unit is also involved in translating Memorandums of Understanding into the

national language. At the same time, this Unit is also responsible for vetting the answersprepared by the respective Divisions of the Attorney General’s Chambers in respect ofquestions that are to be answered by the Hon. Ministers/Deputy Ministers/ParliamentarySecretaries during the oral answers session in Parliament.UNIT VIUnit VI deals with matters referred to the Division by the Ministry of Internal Security,Ministry of Home Affairs, Ministry of Health, Ministry of Defence, National Security Divisionand Malaysian Maritime Enforcement Agency under the Prime Minister’s Department andIntellectual Property Corporation.ACTS PASSED BY PARLIAMENT IN 20051. Exchange Control (Amendment) Act 20052. Government Investment (Amendment) Act 20053. Armed Forces (Amendment) Act 20054. Federal Capital (Amendment) Act 20055. Aviation Offences (Amendment) Act 20056. Members of Parliament (Remuneration) (Amendment) Act 20057. Supplementary Supply (2004) Act 2005ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/20068. Excise (Amendment) Act 20059. Private Employment Agencies (Amendment) Act 200510. Merchant Shipping (Oil Pollution) (Amendment) Act 200511. Langkawi International Yacht Registry (Amendment) Act 200512. Langkawi International Yachting Companies Act 200513. Insurance (Amendment) Act 200514. Malaysia Deposit Insurance Corporation Act 200515. Syariah Court Evidence (Federal Territories) (Amendment) Act 200516. Syariah Court Civil Procedure (Federal Territories) (Amendment) Act 200517. Syariah Criminal Procedure (Federal Territories) (Amendment) Act 200518. Islamic Banking (Amendment) Act 200519. Banking and Financial Institutions (Amendment) Act 200595

18. Tuanku Abdul Rahman Foundation Fund (Amendment) Act 200619. International Interests in Mobile Equipment (Aircraft) Act 200620. Food (Amendment) Act 200621. Malaysian Examinations Council (Amendment) Act 200622. Exclusive Economic Zone (Amendment) Act 200623. Emergency (Essential Powers) Ordinance No. 7 (Amendment) Act 200624. Baselines of Maritime Zones Act 200625. Population and Family Development (Amendment) Act 200626. Penal Code (Amendment) Act 200627. Criminal Procedure Code (Amendment) Act 200628. Child Care Centre (Amendment) Act 200629. Customs (Amendment) Act 200630. Supplementary Supply (2006) Act 200631. Supply Act 200732. Finance Act 200633. Retirement Fund Act 200634. Customs (Amendment) (No. 2) Act 200635. Excise (Amendment) Act 2006ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/200636. Sales Tax (Amendment) Act 200637. Service Tax (Amendment) Act 200638. Registration of Engineers (Amendment) Act 200639. Architects (Amendment) Act 200640. Street, Drainage and Building (Amendment) Act 200641. Housing Development (Control and Licensing)(Amendment) Act 200642. Strata Titles (Amendment) Act 200643. Building and Common Property (Maintenance and Management) Act 200644. Iskandar Regional Development Authority Act 200697

SELECTED BILLS PASSED BY PARLIAMENT IN 2005/2006ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006MALAYSIA DEPOSIT INSURANCE CORPORATION BILL 2005The Malaysia Deposit Insurance Corporation Bill 2005 provides for the establishment of theMalaysia Deposit Insurance Corporation (MDIC). The MDIC is provided with the powers,functions and duties to develop a deposit insurance system that will ensure the stability ofthe financial system in Malaysia. MDIC has four objectives, namely, to administer a depositinsurance system, to provide insurance against the loss of part or all of the deposits of amember institution, to provide incentives for sound risk management in the financial system,and to promote or contribute to the stability of the financial system.LANGKAWI INTERNATIONAL YACHT REGISTRY (AMENDMENT) BILL 2005The Langkawi International Yacht Registry Act 2003 [Act 630] provides for the establishmentof an international registry in Langkawi for yachts and yachting entities, known as theLangkawi International Yacht Registry (LIYR). LIYR aims to make Langkawi the port ofdestination that is of equal standing to existing yachting centres in other countries suchas the Caribbean Islands, Marshall Islands, Monaco and Cayman Islands.Through the Langkawi International Yacht Registry (Amendment) Bill 2005, amendmentsare proposed to Act 630 to ensure that the LIYR fulfills current requirements in providingthe best facilities in respect of the registration of yachts. The amendments proposed inthe Bill provide for the interim registration of yachts, especially for owners of yachts whointend to transfer the port of registry of their yachts to Langkawi. The Bill also enablesnon-Malaysian individuals to register their yachts in Langkawi, and protects the interestsof financial institutions that offer financial facilities to procure yachts.ROAD TRANSPORT (AMENDMENT) BILL 2005The Road Transport (Amendment) Bill 2005 proposes amendments to the Road TransportAct 1987 [Act 333] to eradicate touting activities that are rampant in this country, especiallyat airports such as the Kuala Lumpur International Airport, bus terminals and ferryterminals.Prior to this, the enforcement of action to eradicate touting activities could not be doneeffectively because of the absence of specific provisions regarding touting in the RoadTransport Act 1987.98Amendments proposed in this Bill explain actions that may be interpreted as “touting”, suchas soliciting or touting for the purpose of offering services in connection with the acceptingfor hire or reward the carriage of passengers in public places including airports. Through

Section 201c contains provisions that prohibit employers from dismissing their employeeswho are members of the volunteer forces solely or mainly by reason of being called outfor training or attachment, and if such action is taken the employer is liable to a fine orimprisonment or to both.ELECTRONIC COMMERCE BILL 2006The Electronic Commerce Bill 2006 provides for the legal recognition of electronic messagesin commercial transactions and the use of electronic messages to fulfill legal requirementsthat will facilitate commercial transactions through the use of electronic means. The Billapplies to any commercial transaction conducted through electronic means includingcommercial transactions by the Federal and State Governments.The Bill contains provisions relating to the removal of legal obstacles of electronic commerce.In this respect, if the legal requirement for information is to be in writing, such requirementmay be fulfilled by an electronic message that is accessible and intelligible for subsequentreference. The Bill also sets out the criteria for an electronic signature to fulfill the legalrequirements for a signature. At the same time, it is also provided that a digital signaturefulfills the requirements for a seal to be affixed to a document. The Bill also containscomprehensive provisions relating to the communication of electronic messages.INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT (AIRCRAFT) BILL 2006The International Interests in Mobile Equipment (Aircraft) Bill 2006 fulfills the Government’sobligations under the Convention on International Interests in Mobile Equipment (“CapeTown Convention”) and the Protocol to the Convention on International Interests in MobileEquipment On Matters Specific to Aircraft Equipment (“Aircraft Protocol”). Malaysia depositedher instrument of accession to both the Cape Town Convention and the Aircraft Protocol on2 November 2005. Thus the said Convention and Protocol entered into force in Malaysiaon 1 March 2006. The authoritative text of the proposed Act is the English language.ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006Through this Bill the Cape Town Convention and the Aircraft Protocol shall have the force oflaw in Malaysia. The Bill provides that the Cape Town Convention and the Aircraft Protocolshall apply on matters specific to aircraft objects, which comprise of any airframe, aircraftengine and helicopters as defined under Article 1(2) of the Aircraft Convention. The Billalso specifies the relevant courts for the purposes of the Cape Town Convention and theAircraft Protocol.The Bill adopts provisions to govern aspects that include the registration of aircraft, buying,selling, leasing and financing of aircraft and engines, as well as issues relating to default,remedies, insolvency and priorities.101

The Bill also proposes the establishment of the “Suruhanjaya Perkhidmatan Air NegaraFund”, which shall be administered and controlled by the Commission. The Bill sets out theexpenditure that may be charged to the Fund and also allows the Commission to borrowmoney as well as enables the Commission to invest the moneys of the Commission.WATER SERVICES INDUSTRY BILL 2006The Water Services Industry Bill 2006 provides for and regulates water supply servicesand sewerage services. The objects of the proposed Act are to establish a licensing andregulatory framework for regulatory intervention and to promote the national policy objectivesfor the water supply services and sewerage services industry. The proposed Act does notaffect the general application of existing laws on environmental quality and land mattersand existing State powers over water sources. The proposed Act applies to PeninsularMalaysia and the Federal Territories of Labuan and Putrajaya.The national policy objectives for the water supply services and sewerage services industryinclude the establishment of a transparent and integrated structure for water supply servicesand sewerage services that delivers effective and efficient services to consumers, ensuringlong term availability and sustainability of water supply including the conservation of water,to facilitate the development of competition to promote economy and efficiency in the watersupply services and sewerage services industry, and to establish an effective system ofaccountability and governance between operators in the water services and sewerageservices industry.The proposed Act confers executive authority on the Federal Government for mattersrelating to water supply systems and sewerage systems and water supply services andsewerage services.ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006The Bill sets out detailed licensing requirements, where licences are classified into individuallicences or class licences. At the same time, duties and obligations are imposed upon thelicensees. The Bill also contains provisions that deal with the construction and maintenanceof a water supply system and sewerage system. In this respect, the Bill prohibits any personfrom constructing, altering, modifying, disconnecting or closing up a water supply system,sewerage system, septic tank, individual internal sewerage piping or common internalsewerage piping unless the relevant plans and specifications have first been approved bythe Suruhanjaya Perkhidmatan Air Negara. The Bill also requires a developer of a newdevelopment to construct a water supply system and a sewerage system in its developmentin accordance with the requirements set out in any plans and specifications approved bythe Suruhanjaya Perkhidmatan Air Negara.The Bill also empowers the Minister, upon the recommendation of the SuruhanjayaPerkhidmatan Air Negara, to prescribe the rates for water supply services and sewerageservices. The Minister is also empowered to exempt any person or organization fromthe payment of any rates, charges or deposits in relation to water supply services andsewerage services.103

IN-HOUSE TRAINING“Mesyuarat Bimbingan”The “Mesyuarat Bimbingan” was conducted from 29 July 2005 to 31 July 2005 at theRenaissance Hotel, Malacca. The meeting was chaired by the Parliamentary Draftsman, Dato’Idrus bin Harun. Among the topics discussed at the meeting were Modification Orders andits provisions, and the gazetting of Legislative Supplements B and Gazette Notifications. Atalk titled “An Introduction to the Standing Orders of the Dewan Rakyat and ParliamentaryProcedures” was presented by the Head of Unit V.In 2006, the “Mesyuarat Bimbingan” was held at the Pan Pacific KLIA Hotel, Sepang from 30November 2006 to 1 December 2006. The meeting was chaired by the Deputy ParliamentaryDraftsman, Datuk Nor Bee binti Ariffin. Among the topics discussed were the type of feesthat may be prescribed under the Fees Act 1951, the matters that may be provided forin the Finance Bill and the format of Gazette Notifications. A talk titled “Special SelectCommittees: Functions and Procedures” was presented by the Head of Unit IV.Language ProficiencyClasses on the national language were conducted to expose officers to the linguistic andgrammatical rules that provide for the proper usage of the national language. The classwas conducted using a CD-ROM titled “Tatabahasa Bahasa Melayu Digital”, a productionof Dewan Bahasa dan Pustaka (Institute of Language and Literature) and the MultimediaUniversity.ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006At the same time, pursuant to the instructions of the Parliamentary Draftsman, Datin Zalehabinti Yusof, all officers and staff of the Division are required to converse in the Englishlanguage every Monday with effect from 11 September 2006 in efforts to improve proficiencyin the English language.Diploma In Translation Persatuan Penterjemahan Malaysia—Dewan Bahasa danPustakaThe Drafting Division sent four officers to attend the “Diploma In Translation PersatuanPenterjemahan Malaysia – Dewan Bahasa dan Pustaka” course which was organised bythe Law Revision and Law Reform Division from 8 August 2005 to 12 August 2005 and22 August 2005 to 30 August 2005.In 2006, five officers were sent to attend the same course from 6 November 2006 to17 November 2006.109

RECOGNITIONMS ISO 9001:2000 CERTIfICATIONIn 2002 the Drafting Division was the fi rst Division in the Attorney General’s Chambers whosequality management system was certifi ed as conforming with the MS ISO 9001:1994 for thework scope incorporating the drafting of principal legislation and subsidiary legislation.In 2006 the Division’s quality management system was certifi ed as conforming with the MS ISO9001:2000 for the work scope incorporating the drafting of principal legislation and subsidiarylegislation.ATTORNEY GENERAL’S CHAMBERS MALAYSIA REPORT 2005/2006DIpLOMA IN TRANSLATION pERSATuAN pENTERJEMAH MALAYSIA—DEWAN BAHASA DAN puSTAKAfarahana binti rabidin was awarded the “director general of dewan bahasa dan pustakamalaysia challenge trophy for excellent student in translation course” as a recognitionfor being the best student in the “Diploma in Translation Persatuan Penterjemah Malaysia–dewan bahasa dan pustaka” course.113