Ng Jern-Fei QC: His Thoughts on His Journey to become a Queen’s Counsel

Ng Jern-Fei QC is a Malaysian and an English barrister and who was recently made Queen’s Counsel in February 2018. On 18 June 2018, Jern-Fei was very kind to speak at an interview session hosted by the Asian International Arbitration Centre. The session was titled ‘Defying Expectations: Thoughts on life as a barrister and the opportunities and challenges at the Bar.’ Some of the areas covered his motivations to practice at the English Bar, his successes and failures, and the skills needed to be an advocate.

It was a very interactive interview event with the interviewers Tatiana Polevshchikova (Senior Case Counsel, AIAC) and Crystal Wong (Senior Associate, Lee Hishammuddin Allen & Gledhill). There were also a lot of questions from the floor, with the majority of attendees drawn from young lawyers, law graduates and law students.

It was an inspirational session. Jern-Fei was very generous in sharing his knowledge and experience. I have had the privilege to have worked with Jern-Fei on several matters over the years. He is a role model for many lawyers and Malaysians out there.

Set out below are excerpts I took from the session. Any misquotes or inaccuracies are mine alone. Continue reading

Book Review: Corporate Powers Accountability (Third Edition)

Loh Siew Cheang’s Corporate Powers Accountability (Third Edition) is a must-have for corporate litigators and corporate lawyers

Introduction

A master craftsman would have essential tools for his trade. Likewise, a corporate litigator would have with him the essential text of Dato’ Loh Siew Cheang’s Corporate Powers Accountability.

Loh’s seminal text saw its second edition published in 2002. Sixteen years later, I looked forward to reading a copy of the third edition which was published in May 2018. I received a review copy of the book thanks to LexisNexis’ collaboration with The Malaysian Lawyer. I am extremely grateful to the publishers for extending me a copy of this book and the book will immediately find its place on my bookshelf.

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MACC Amendment Act: Preparing for Corporate Liability

In an earlier post, I wrote about the 6 key issues arising from the MACC Amendment Bill. The Bill introduced corporate liability for corruption offences. The Amendment Bill has now been gazetted on 4 May 2018 as the MACC Amendment Act 2018. However, this Act has not been brought into force yet.

I set out certain thoughts on how companies can already prepare for the coming into force of the corporate liability provisions under the MACC Amendment Act 2018. Continue reading

1MDB is Insolvent: Directors’ Liabilities for the Debts

In a Media Release on 23 May 2018, Malaysia’s Ministry of Finance announced that it had met with 1MDB’s Board of Directors. The directors confirmed that 1MDB was insolvent and was unable to pay its debts. 1MDB’s debts may be in the region of RM42 billion. This figure is based on the declassified Auditor General Report  issued in 2015.

 

With this tremendous amount of debt, I touch on one aspect of directors’ liabilities. The directors and other officers of 1MDB, when allowing 1MDB to take on so much debt, can be held personally liable for these debts. Continue reading