1. ) MASYUR MUTIARA SDN BHD 2. ) ABDUL RAHIM BIN ABDULLAH 3. ) JUDE HYDEN CHUNG [ ]

1. ) MASYUR MUTIARA SDN BHD 2. ) ABDUL RAHIM BIN ABDULLAH 3. ) JUDE HYDEN CHUNG [ ]

The High Court held that section 56(3) of the Industrial Relations Act 1967 authorises a magistrate to impose a further fine of RM500 per day for non-compliance as part of the same offence (a continuing offence), and that the proviso to section 87(1) Magistrates' Courts Act 1948 permits a magistrate to impose such...

Source-derived case information.

Citation
KA-41S-15-11/2019 (Mahkamah Tinggi)
Parties
Appellant: Masyur Mutiara Sdn. Bhd.; Respondent: Pendakwa Raya (Timbalan Pendakwa Raya, Jabatan Perhubungan Perusahaan Malaysia)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 June 2024
Case Number
KA-41S-15-11/2019 (Mahkamah Tinggi)
Procedural Posture
Criminal Appeal Against Conviction and Sentence Under Industrial Relations Statute / High Court Appeal (judgment)
Outcome
appeal dismissed; conviction and sentences of the Magistrate upheld
Legal Topics
Continuing Offence, Magistrate Jurisdiction and Sentencing Limits, Consent to Prosecute, Penalties for Non Compliance With Labour Tribunal Awards
Criminal Law Industrial Relations Law Statutory Interpretation Criminal Procedure Continuing Offence Magistrate Jurisdiction and Sentencing Limits Consent to Prosecute Penalties for Non Compliance With Labour Tribunal Awards

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Parties

Masyur Mutiara Sdn. Bhd.

Appellant

Pendakwa Raya (Timbalan Pendakwa Raya, Jabatan Perhubungan Perusahaan Malaysia)

Respondent

Procedural Posture

Criminal Appeal Against Conviction and Sentence Under Industrial Relations Statute / High Court Appeal (judgment)

  1. 1 Whether the magistrate had jurisdiction to impose fines exceeding ordinary magistrate limits by applying a daily further fine under section 56(3) Industrial Relations Act 1967 (Akta 177) read with proviso to section 87(1) Magistrates' Courts Act 1948 (Akta 92)
  2. 2 Whether the prosecution was invalid for want of written consent of the Public Prosecutor under section 51E/51 of the Industrial Relations Act 1967

Ratio Decidendi

The High Court held that section 56(3) of the Industrial Relations Act 1967 authorises a magistrate to impose a further fine of RM500 per day for non-compliance as part of the same offence (a continuing offence), and that the proviso to section 87(1) Magistrates' Courts Act 1948 permits a magistrate to impose such statutory fines even if they exceed ordinary magistrate limits; additionally the presence and conduct of the Deputy Public Prosecutor satisfied the statutory requirement for prosecution by the Public Prosecutor, therefore the convictions and sentences were lawful and the appeal failed.

Court Disposition

appeal dismissed; conviction and sentences of the Magistrate upheld

Orders

  • Appeal dismissed.
  • Convictions and fines imposed by the Magistrate on 29/9/2019 are affirmed.