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Malaysia became the first country to ratify the Trans Pacific Partnership ("TPP") on 28 January 2016. The TPP is a regional trade agreement entered into between 12 countries, namely, Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam. The TPP is different from a conventional free trade agreement ("FTA") in the sense that it does not only increase the flow of trade and investment in the Asia Pacific region, but also addresses important concerns like regulatory coherence and the participation of small and medium enterprises ("SME") in the TPP, as well as cover emerging markets like the digital economy and green technologies.
Click here to read our client update providing an overview of the stages of ratification which the TPP countries are at, as well as a discussion on the potential implications of Malaysia’s ratification of the TPP.
The Malaysian Competition Appeal Tribunal ("CAT") has recently set aside the landmark Malaysia Competition Commission’s ("MyCC") decision where Malaysian Airline System Berhad ("MAS") and AirAsia Berhad ("AirAsia") were fined RM10 million, respectively, for infringing the Competition Act 2010 in respect of market sharing.
The CAT panel composed of five members, former Chief judge of Malaya, Tan Sri Haidar Mohamed Noor, Tan Sri Datuk Dr Sulaiman Mahbob, Tan Sri Dr Lin See-Yan and Dr Wan Liza Md Amin and chaired by the High Court Justice Hasnah Mohamed Hashim. The CAT unanimously determined that MAS and AirAsia did not infringe Section 4(2) of the Competition Act 2010 (which prohibits cartel activities including market sharing) by entering into an arrangement with the expressed objective of cost savings, an agreement which had actually been voluntarily terminated by the parties by early May 2012. The Malaysian Aviation Commission Act 2015 has since come into force and will take over the regulation of all economic matters relating to the Malaysian civil aviation industry including competition law matters.
We issued a client update discussing the decision of CAT on 5 February 2016. To view the Update, click here.
The Allied Health Professions Act 2016 (the "Act") has been passed by Parliament and gazetted on 18 February 2016. Although the Act has not yet come into force, it will establish the Allied Health Professions Council (the "Council") to regulate the allied health profession in Malaysia. The Act would impact the profession specified in the Second Schedule of the Act such as nutritionist, dieticians, physiotherapists, clinical psychologists, environmental health officers, occupational therapist, speech-language therapist and etc. The Council shall be responsible for the registration of those intending to practise in the Allied Health Profession as well as the issuance of practising certificates to registered practitioners. The Act also provides that the Council will determine the appropriate qualifications for Allied Health Professions, regulate their practices, ethics and professionalism.
Upon the Act coming into force in Malaysia, those intending to practise in Allied Health Professions in Malaysia will have to register and obtain a practising certificate and it will be an offence for any registered practitioner to practise without a practising certificate. The Act also allows for the appointment of authorised officers to exercise powers of enforcement and investigation equivalent to that of a police officer.
Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only
intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.
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Christopher & Lee Ong
Level 22, Axiata Tower ,
No. 9 Jalan Stesen Sentral 5
Kuala Lumpur Sentral,
50470 Kuala Lumpur, Malaysia
www.christopherleeong.com
Contacts: Lee Hock ChyeManaging PartnerD +603 2273 1919F +603 2273 8310hock.chye.lee@christopherleeong.comYon See TingPartnerD +603 2278 8311F +603 2278 8322see.ting.yon@christopherleeong.comFiona SequerahPartnerD +603 7958 8310F +603 7958 8311fiona.sequerah@christopherleeong.comLim Wee HannPartnerD +65 62320606wee.hann.lim@rajahtann.comYau Yee MingPartnerD +603 2278 8311F +603 2273 8322yee.ming.yau@christopherleeong.comKuok Yew ChenPartnerD +603 7958 8310F +603 7958 8311yew.chen.kuok@christopherleeong.com| Rajah & Tann Asia is a network of legal practices based in Asia. |
Member firms are independently constituted and regulated in accordance with relevant local legal requirements. Services provided by a member firm are governed by the terms of engagement between the member firm and the client. |
This update is solely intended to provide general information and does not provide any advice or create any relationship, whether legally binding or otherwise. Rajah & Tann Asia and its member firms do not accept, and fully disclaim, responsibility for any loss or damage which may result from accessing or relying on this update. |
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