The Movement Control Order was decreed on 16/03/2020 [“MCO”], to take effect from 18/03/2020 to 31/03/2020 [“MCO Period”].
With regards to this MCO, the Bar Council Circulars No. 063/2020 and 064/2020, both dated 17/03/2020 refers. [“BC Circulars”] [attached collectively as APPENDIX-1].
In addition to the BC Circulars, information pertaining to the operation of the various bodies relating to the legal practice during the MCO Period is referred to below, with the corresponding circulars/announcements attached, which are self-explanatory.
COURT MATTERS
- PANDUAN PENGENDALIAN KES-KES DI MAHKAMAH SELURUH MALAYSIA BERIKUTAN PERINTAH KAWALAN PERGERAKAN DI BAWAH AKTA PENCEGAHAN DAN PENGAWALAN PENYAKIT 1988 DAN AKTA POLIS 1967 [APPENDIX -2]
(a) Given that Commissioner for Oaths offices will be closed during the MCO Period, this posed a concern pertaining to filing of affidavits. We were informed as follows that during the MCO Period):-
(i) while e-Filing and e-Review cases continue per usual, any delay in the filing of affidavits via e-Filing will be excused. Such delay is to be brought to the court’s attention during e-Review or by email.
(ii) manual filing over the counter are automatically postponed to 01/04/2020. This delay is also excused & must be brought to court’s attention.
(b) Paragraph 1(a)(ii), applies to cause papers which can only be filed manually.
(c) Notifications were posted in the court premises concerned or received by the Secretariat, the contents of which are set out below, with the notices attached:-
(i) Magistrate’s Court Batu Pahat (Civil) [Appendix-2A]
| Original Dates [PK/B/BP/SB] | Re-scheduled Dates [PK/B/BP/SB] |
| 18/03/2020 | 01/04/2020 |
| 19/03/2020 | 02/04/2020 |
| 22/03/2020 | 05/04/2020 |
| 24/03/2020 | 07/04/2020 |
| 25/03/2020 | 08/04/2020 |
| 26/03/2020 | 09/04/2020 |
| 29/03/2020 | 12/04/2020 |
| 30/03/2020 | 13/04/2020 |
| 31/03/2020 | 14/04/2020 |
Note:
PK : Pengurusan Kes
SB : Sambung Bicara
B : Bicara
BP: Bicara Permohonan
The “Jadual Bertugas Mahkamah Sesyen dan Mahkamah Majistret Batu Pahat” is attached as Appendix-2B.
(ii) Magistrate’s Court 1, JB [Appendix-2C]
All cases fixed during the MCO Period are vacated and are now re-scheduled for Case Management on 06/04/2020, when new dates will be fixed.
(iii) Sessions Court JB (Civil 3) [Appendix-2D]
All trials, continued trials/hearings, submissions and decisions fixed during the MCO Period are re-scheduled as Case Management as follows dates:
| Original Dates | Re-scheduled Dates [For Case Management] |
| 18/03/2020 19/03/2020 06/04/2020 | 06/04/2020 |
| 24/03/2020 25/03/2020 01/04/2020 07/04/2020 | 07/04/2020 |
| 26/03/2020 29/03/2020 02/04/2020 08/04/2020 | 08/04/2020 |
| 30/03/2020 31/03/2020 05/04/2020 09/04/2020 | 09/04/2020 |
(iv) Sessions Court JB (Civil 4) [Appendix-2E]
All cases fixed during the MCO Period are vacated and are postponed to dates in April 2020. Members are advised to refer to the E-Filing and CMS systems for updates on new dates.
(v) Sessions Court Kluang [Appendix-2F]
All cases fixed during the MCO Period are vacated. The re-scheduled dates are:-
| Original Dates [PK/B/SB] | Re-scheduled Dates [PK/B/SB] |
| 18/03/2020 | 06/04/2020 |
| 19/03/2020 | 07/04/2020 |
| 22/03/2020 | 08/04/2020 |
| 24/03/2020 | 09/04/2020 |
| 25/03/2020 | 13/04/2020 |
| 26/03/2020 | 14/04/2020 |
| 29/03/2020 | 15/04/2020 |
| 30/03/2020 | 15/04/2020 |
| 31/03/2020 | 16/04/2020 |
Note:
PK : Pengurusan Kes
SB : Sambung Bicara
B : Bicara
(vi) Magistrate’s Court Kluang [Appendix-2G]
All cases fixed during the MCO Period are vacated. The re-scheduled dates are:-
| Original Dates [PK/B/SB] | Re-scheduled Dates [PK/B/SB] |
| 18/03/2020 | 01/04/2020 |
| 19/03/2020 | 02/04/2020 |
| 22/03/2020 | 07/04/2020 |
| 24/03/2020 | 08/04/2020 |
| 25/03/2020 | 12/04/2020 |
| 26/03/2020 | 15/04/2020 |
| 29/03/2020 | 16/04/2020 |
| 30/03/2020 | 19/04/2020 |
| 31/03/2020 | 20/04/2020 |
Note:
PK : Pengurusan Kes
SB : Sambung Bicara
B : Bicara
2. PENANGGUHAN PERBICARAAN KES LELONGAN AWAM DI MAHKAMAH TINGGI JOHOR BAHRU (KOD 38) [APPENDIX-3]
All hearings, case managements and auction proceedings are re-scheduled as follows:-
| Original Dates | Re-scheduled Dates [@ 9 a.m.] |
| 18/03/2020 | 11/05/2020 |
| 19/03/2020 | 12/05/2020 |
| 24/03/2020 | 13/05/2020 |
| 25/03/2020 | 14/05/2020 |
| 26/03/2020 | 19/05/2020 |
| 30/03/2020 | 01/06/2020 |
| 31/03/2020 | 02/06/2020 |
CONVEYANCING MATTERS
3. PENUTUPAN SEMENTARA OPERASI KAUNTER PENDAFTARAN, KAUNTER HAKMILIK STRATA DAN KAUNTER BAYARAN DI PTG JOHOR [APPENDIX-4]
OTHER AGENCIES
4. PENUTUPAN SEMENTARA OPERASI SEMENTARA SSM DI SELURUH NEGARA [APPENDIX-5]
5. LHDN MEDIA STATEMENT CONCERNING THE CLOSURE OF THEIR PREMISES DURING THE MCO PERIOD [APPENDIX-6]
SECRETARIAT MATTERS
6. The Bar Council and the Johore Bar Secretariats will be closed from 18.3.2020 to 31.3.2020. Barring any extension of the MCO Period, both secretariats will reopen on 01/04/2020.
Members are able to liaise, via email, with :-
(a) the Bar Council Secretariat at council@malaysianbar.org.my
(b) The Johore Bar Secretariat at secretariat@johorebar.org.my
The Johore Bar Committee will keep members informed of developments, if any.
Thank you.
SHAHAREEN BEGUM BINTI ABDUL SUBHAN
CHAIRMAN
