JM Chong Vincent Chee & Co Advocates & Solicitors JMCVC

JM Chong Vincent Chee & Co Advocates & Solicitors JMCVC Established legal firm delivering quality and tailored legal services to valued clients since 1986.

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: Legal Term of the Day: Peaceful AssemblyA peaceful assembly refers to an intentional gathering of persons in a public...
18/08/2026

: Legal Term of the Day: Peaceful Assembly

A peaceful assembly refers to an intentional gathering of persons in a public place for the purpose of expressing, presenting, promoting, protesting or opposing a particular matter. The assembly must be conducted peacefully and without weapons.
In Malaysia, this right is protected under Article 10 of the Federal Constitution and regulated by the Peaceful Assembly Act 2012, which balances the freedom to assemble with public order and safety considerations.
For legal practitioners and organisers alike, understanding what qualifies as a "peaceful assembly" is the starting point for assessing compliance obligations, from notification requirements to permissible conduct during the gathering.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidanc

: Legal Term of the Day: Absolute Privilege​Absolute privilege is a complete legal defense in defamation law that grant...
03/08/2026

: Legal Term of the Day: Absolute Privilege

​Absolute privilege is a complete legal defense in defamation law that grants total immunity from civil liability for statements made in specific, highly protected settings, such as parliamentary debates or judicial proceedings. When absolute privilege applies, a person cannot be sued for defamation—even if the statements made were entirely false or motivated by actual malice.

​In Malaysia, this protection is crucial for safeguarding the open administration of justice and public governance. It ensures that judges, advocates, witnesses, and parliamentarians can speak freely, give evidence, and discharge their public duties without the chilling fear of facing defamation lawsuits.

​For legal practitioners, identifying whether a communication falls under absolute privilege is a primary step in evaluating defamation risks, as it serves as an impenetrable shield against defamation actions.

​Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Statutory AdjudicationStatutory adjudication is a fast-track, summary dispute resolution mecha...
02/08/2026

: Legal Term of the Day: Statutory Adjudication

Statutory adjudication is a fast-track, summary dispute resolution mechanism established under the Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) to resolve payment disputes in the Malaysian construction sector. Designed to provide a temporary binding decision on a "pay first, argue later" basis, it ensures continuous cash flow during an ongoing project while leaving the parties free to pursue final resolution via court litigation or arbitration later.

Governed by strict statutory timelines, the process allows unpaid contractors or consultants to obtain a legally enforceable decision within months, avoiding the lengthy delays of full-scale court proceedings. Adjudication decisions can be enforced directly through the High Court, making statutory adjudication a critical legal remedy for maintaining financial stability across construction supply chains.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Maternity AllowanceMaternity allowance is a statutory monetary payment payable to an eligible ...
13/07/2026

: Legal Term of the Day: Maternity Allowance

Maternity allowance is a statutory monetary payment payable to an eligible female employee in Malaysia during her 98 consecutive days of mandatory maternity leave. Governed strictly under the Employment Act 1955, this financial safeguard ensures continuous income protection for working mothers, provided they fulfill the statutory conditions regarding their length of service prior to the confinement period.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Industrial Court AwardAn Industrial Court Award is a final and legally binding judicial decisi...
13/07/2026

: Legal Term of the Day: Industrial Court Award

An Industrial Court Award is a final and legally binding judicial decision handed down by the Industrial Court of Malaysia to resolve trade disputes or individual claims of unfair dismissal. Litigants who are dissatisfied with the resulting award cannot appeal the merits directly, but they can apply to initiate judicial review proceedings before the High Court to challenge the legality of the decision-making process.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Summary DismissalSummary dismissal is the immediate termination of an employee’s services with...
13/07/2026

: Legal Term of the Day: Summary Dismissal

Summary dismissal is the immediate termination of an employee’s services without notice or payment in lieu of notice, typically triggered by an act of serious misconduct such as theft, fraud, or severe insubordination. Even in severe instances, the employer bears the legal responsibility to prove that the dismissal was executed with just cause and that a fair internal inquiry or process was followed.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Just CauseUnder Malaysian employment law, an employer must establish a valid, fair, and genuin...
13/07/2026

: Legal Term of the Day: Just Cause

Under Malaysian employment law, an employer must establish a valid, fair, and genuine reason before terminating a worker’s services. This statutory principle places the entire legal burden of proof onto the employer, who must present objective evidence to demonstrate that the dismissal was contractually and legally justified rather than arbitrary or unfair.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Purposive ApproachThe purposive approach is a modern doctrine of statutory interpretation wher...
08/07/2026

: Legal Term of the Day: Purposive Approach

The purposive approach is a modern doctrine of statutory interpretation where courts look beyond the literal meaning of legal text to identify and give effect to the core purpose and intent behind the legislation. In Malaysia, this methodology is codified under Section 17A of the Interpretation Acts 1948 and 1967, which mandates that a construction promoting the purpose or object underlying an Act must be preferred over one that does not.
This interpretive framework allows judges to analyze the legislative context, parliamentary debates, and the specific historical mischief or gap in the law that the statute was designed to remedy. Instead of getting bogged down by rigid grammatical technicalities that might lead to an absurd or unjust outcome, the court reads the provisions in a manner that aligns with parliament's true legislative intent.

For legal practitioners, corporate strategists, and compliance officers, understanding the purposive approach is crucial when navigating complex or ambiguous statutory language. It underscores that compliance cannot merely look at the strict, isolated wording of a regulation; one must understand the underlying public policy and regulatory intent to accurately assess legal risks and statutory obligations.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: Presumption of InnocenceThe presumption of innocence is a foundational principle of criminal l...
07/07/2026

: Legal Term of the Day: Presumption of Innocence

The presumption of innocence is a foundational principle of criminal law dictating that any person accused of an offense is considered innocent until proven guilty according to law. Under Malaysian jurisprudence, this places the legal burden of proof entirely on the prosecution, which must prove the guilt of the accused beyond a reasonable doubt to secure a conviction.

This principle serves as a critical safeguard for individual liberty, ensuring that an accused person is not prematurely judged or penalized based on mere accusation or suspicion. It demands that the court remain completely impartial and look strictly at the objective evidence presented during trial, preserving the integrity and fairness of the justice system.
While certain statutes may introduce specific statutory presumptions that shift an evidential burden to the defense on particular facts, the overarching constitutional right to a fair trial ensures that the ultimate burden of establishing a crime remains firmly with the state.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

: Legal Term of the Day: ESOS CommitteeAn ESOS Committee is a specialized committee appointed by a company’s board of d...
21/06/2026

: Legal Term of the Day: ESOS Committee

An ESOS Committee is a specialized committee appointed by a company’s board of directors to administer and manage an Employee Share Option Scheme. This committee is vested with the executive authority to interpret the scheme's rules, approve allocations, and ensure the entire process operates strictly within the boundaries of the governing by-laws and the Companies Act 2016.

The committee holds the primary responsibility for determining which eligible employees receive options, the size of each allocation, and the specific timing of the grants. In executing these duties, the committee must maintain complete objectivity and detailed documentation to fulfill its fiduciary obligations, avoid conflicts of interest, and protect the corporation from allegations of favoritism or arbitrary distribution.

For legal practitioners and corporate governance officers, establishing a well-defined terms of reference for the ESOS Committee is essential to ensure regulatory compliance, provide clear administrative oversight, and maintain transparency with shareholders regarding equity dilution.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Please consult a qualified lawyer for specific guidance.

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