Changes to the Penal Code

Malaysia — The Penal Code (Amendment) Bill 2003 seeks to penalise those who give support for acts of terrorism, recruitment and training members, and to solicit property for the commission of terrorist acts. Lawyers and accountants who provide financial services or facilities, including acting as nominees or agents for any terrorist group, could face death if the terrorist acts results in death. Otherwise, they could face a jail term of between seven and 30 years.

Anyone who harbours, prevents or interferes with the arrest of anyone who is known or is believed to be a member of a terrorist group will be punished with a life term and a fine. ‘Harbouring’ would include acts of providing food, drink, shelter, money, clothes, arms, ammunition or transport in any way to evade apprehension. It also includes any medical care given by any person other than by a person employed by a government hospital.

A new section makes it an offence for anyone to take hostages to compel the government or any international organisation to act according to his will. Offenders can face the death penalty if the act results in death.

The Penal Code is also being amended to increase the maximum jail term, which is currently 20 years, to 30 years for those who kidnap a person in order to kill, commit gang robbery where murder is committed, carry out housebreaking that results in death or commit culpable homicide not amounting to murder.

Another amendment is to provide for a minimum jail term of 15 years up to 30 years and 10 strokes of the cane for incestuous rape. If the victim dies, the perpetrator would face the death penalty. (Source: www.thestar.com.my)

Property Management Regulations in Place

China — The State Council has made effective the Property Management Regulations meant to clarify the rights and obligations of developers and property management companies. It is expected that with the coming into effect of these regulations, a large number of disputes between developers and management companies would either be prevented or resolved on the basis of clear guidelines. (Source: www.isinolaw.com)

111 Death Sentences Tossed Out

US — The 9th Circuit Court of Appeals in San Francisco, California has ruled that inmates who were sentenced to death by judges would have their sentences commuted to life imprisonment.

Five states in total, California, Arizona, Idaho, Colorado and Nebraska, have changed their laws to specify that only juries can impose the death sentence. 111 inmates from Arizona, Idaho and Montana affected by the ruling of the 9th Circuit Court, will have their death sentences commuted to life imprisonment.

Judge Sidney Thomas, writing for the majority, stated that ‘depriving a capital defendant of his constitutional right to have a jury decide whether he is eligible for the death penalty is an error that necessarily affects the framework within which the trial proceeds.’

Richard Dieter, director of the Death Penalty Information Centre, stressed that even if the 9th Circuit ruling is upheld on appeal, state prosecutors still have the option of empanelling new juries to reconsider the penalty phase of the trials and could re-impose a death sentence.

‘They’re not completely off the hook yet,’ Dieter said.  (Source: www.cnn.com)

Mother Convicted of Committing Murder Through Drug-Tainted Breast Milk

US — A drug addict who couldn’t stop taking drugs even while breast-feeding, has been convicted of second-degree murder of her three-month-old son who died from an overdose of methamphetamine, an illegal drug.

The defence lawyer intends to appeal the charge, while the prosecution wants to set an example to deter other drug users. The mother could face life imprisonment when sentenced next month.

(Source: www.cnn.com)

Auto Financing Rules to be Enacted Soon

China — A set of regulations dealing with the auto financing industry are to be enacted by the end of the year. The regulations, meant to be enacted and set into effect earlier in the year, had been delayed due to the structuring of the China Banking Regulatory Commission.

Under the rules, foreign and domestic non-banking financial institutions that wish to set up car financing enterprises would have to have a minimum asset value of RMB8bn and the registered capital of such enterprises must be RMB500m. (Source: www.isinolaw.com)

Music Industry Begins Legal Fight

US — 261 people have received lawsuits on behalf of Universal Music Group, BMG, EMI, Sony Music and Warner Music following the Recording Industry Association of America’s (‘RIAA’) announcement earlier this year that individual file-sharers would be targeted.

Those found guilty could be liable to pay fines as high as US$150,000.00 for each song swapped. Most of those who share music are teenagers. Through this legal action, RIAA hopes to make parents pay more attention to potential illegal activities their children may be involved in.

However, most of those people targeted by the lawsuit would be ineligible for prosecution. Despite this, the music industry wants to go ahead with the suit in order for it to be known that file-sharing is a violation of copyright laws and the reason for a drop in CD sales world-wide. (Source: www.cnn.com)