Circular No. 22/20: Notification of Courts Resuming Operations During The Conditional Movement Control Order And Post Movement Control Order & Corrections to JBC Circular No. 16/20

COURTS’ RESUMPTION OF OPERATIONS

Further to the Prime Minister’s announcement of the Conditional Movement Control Order on 01/05/2020 [“CMCO”], the Legal Affairs Division of the Prime Minister’s Department (Bahagian Hal Ehwal Undang-Undang Jabatan Perdana Menteri) [“BHEUU”] issued guidelines which legal firms are to comply with when they re-open their offices [“BHEUU Guidelines”] [APPENDIX – 9A].

The BHEUU Guidelines referred to the resumption of operations by the Courts or otherwise as measure to determine the percentage of staff and business hours to be observed should a firm re-open. By JBC Circular No: 20/20 dated 02/05/2020 [“JBC 20/20”], members were notified of, among others, the Corporate Communications Unit of the Chief Registrar’s Office of the Federal Court of Malaysia media statement confirming the Court premises remain closed pending further directions from the Government.

Thereafter the following were issued on 03/05/2020:-

(1) media statement by the Corporate Communications Unit of the Chief Registrar’s Office of the Federal Court of Malaysia entitled “Pemakluman Operasi Mahkamah Semasa Tempoh Kawalan Pergerakan Bersyarat (PKPB) dan Pasca Perintah Kawalan Pergerakan (PKP)” [“Media Statement”] [APPENDIX – 9B];

(2) “Garis Panduan Pengendalian Kes Semasa Tempoh Kawalan Pergerakan Bersyarat (PKPB) Dan Pasca Perintah Kawalan Pergerakan (PKP)” [APPENDIX – 9C 1];

(3) “Tatacara Pengendalian Piawai (SOP) Pencegahan Wabak Covid-19 Di Mahkamah Seluruh Malaysia Semasa Tempoh Perintah Kawalan Pergerakan Bersyarat (PKBP) Dan Pasca Perintah Kawalan Pergerakan (PKP) [APPENDIX – 9C 2].

In this regard, BC Circular No. 137/2020 dated 03/05/2020 refers [APPENDIX – 9D].

We have confirmed with the Deputy Registrar Muar High Court, Puan Mageshwary [“DR”], that the Courts operations are per the list set out in Paragraph (a) of the Media Statement and that the cases rescheduled remained as such.

We have however sought further clarification from the DR concerning the conduct of hearings in open Court in stages with effect from 13/05/2020, per Paragraph (b) of the Media Statement. We are awaiting the reply from the DR with regards to the courts in northern and southern Johore. We shall update members accordingly once we have more details.

CORRECTIONS TO JBC CIRCULAR NO: 16/20

There are errors the lists in Paragraph (iii) (a) of the circular referred to. Please be informed that the rescheduled dates are as follows:-

i) Muar

(a) HIGH COURT

  • MATTERS BEFORE JUSTICE DATUK WIRA HALIJAH BT ABBAS
Original Dates [PK/B]Re-scheduled Dates [PK/B]  
29/04/2020
30/04/2020  
22/06/2020  
04/05/2020  23/06/2020  
05/05/2020  24/06/2020  
06/05/2020  25/06/2020
10/05/2020  28/06/2020
11/05/2020
12/05/2020  
29/06/2020

Note:

PK : Pengurusan Kes

B  :  Bicara

Hearings and trials before the Judge are rescheduled as Hearings and on the dates stated above. Should these dates be unsuitable to counsels involved, parties may email to DR Puan Mageshwary at mageshwary@kehakiman.gov.my. Trial date(s) will be fixed then based on counsels’ suitable dates; the initially rescheduled date(s) will be converted to Case Management date(s).

  • MATTERS BEFORE JUSTICE HJ AHMAD NASFY BIN HJ YASIN
Original Dates  Re-scheduled Dates  
11/05/2020  
12/05/2020
25/06/2020  

Case Managements are rescheduled as Case Managements before the DR.

Trials before the Judge are now rescheduled as Case Managements before the Judge on the date stated above. Trial dates will be fixed then based on counsels’ suitable dates.

  • MATTERS BEFORE THE DR [EXCEPT FOR E-REVIEWS]

Civil Matters

Original Dates [PK/B]Re-scheduled Dates [PK/B]  
29/04/2020
30/04/2020
04/05/2020  
22/06/2020  
05/05/2020  23/06/2020
06/05/2020  24/06/2020
11/05/2020
12/05/2020  
25/06/2020

Criminal Matters

Original Dates [PK/B]Re-scheduled Dates [PK/B]  
04/05/2020
10/05/2020  
21/06/2020

Note:

PK : Pengurusan Kes

B  :  Bicara

The error and inconvenience are deeply regretted.

SECRETARIAT MATTERS

  1. The Bar Council Secretariat has resumed its frontline services with effect from 04/05/2020 [BC CIRCULAR 134/2020 [03/05/2020][APPENDIX -9E]

2. The Johore Bar Secretariats remains closed until 12/05/2020 and will re-open on 13/05/2020. Meanwhile, members are able to liaise, via email, with the Johore Bar Secretariat at secretariat@johorebar.org.my

From today, firms will be re-opening their offices. The Johore Bar Committee wishes all of you the very best, stay safe & well, and urges you to observe all health and safety protocol. Ultimately, it does come down to us to ensure that all the good achieved thus far does not go to waste.

The Johore Bar Committee will keep members informed of developments, if any.

Should there be any queries, concerns or issues, please do not hesitate to contact me directly at 0192234007 or by email at sbegumsubhan@hotmail.com

Thank you.

SHAHAREEN BEGUM BINTI ABDUL SUBHAN

CHAIRMAN

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