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Saturday 4 December 2010

Sushi in my platter

Sushi and other Japanese food has acquired a distinctive place in our platter. However there are many questions on the halal status of Sushi and one example is regarding Sushi King. Many may have taken it lightly that the halal certification only covers certain ingredients not the whole restaurant itself. Most Sushi bars sell alcohol and other ingredients that are questionable that may not comply to halal standards.
Sake is alcohol made from rice and mirin is plum wine. Soy sauces, mayonnaise, tonkatsu and teriyaki mostly have alcoholic content and questionable ingredients. Sushi rice is cold cooked rice flavored with vinegar, sugar and salt. Therefore the debate continues on it's halal status. The alcohol content may not be intoxicating and many would quote certain fatwas to appease their desire. However as Muslims, the halal standard from the authorities carries valid endorsement and shouldn't be taken lightly.

On the matter of Sushi King and its pork free status and the notice they put at the cashier should be taken seriously. Notice of alcohol content should be at the entrance and menus not at the cashier after one has eaten. I hope that Sushi King would clear this matter to all Muslim patrons who have being duped into assuming its halal status.

THE REPLY FROM SUSHI KING TO PPIM
Sushi King Halal status
For your reference & response
On Tue, 10/13/09, Suhaila wrote:
From: Suhaila
Subject: Sushi King Halal status


Sushi King is not Halal certified restaurants as we do not have certification from JAKIM or others Halal certification body. However, we are pork free. Our meat materials such as chicken, beef and seafood are from Halal Certified source. Selected of our restaurants served alcohollic drinks (in a can form).

Sushi King is on going carry out Halal study and commited to serve Halal food to our customers. Currently, Sushi King has enganged with consultant such as KasehDia Sdn Bhd about Halal food. We also carry out alcohol test to ensure alcohol level within permitted level. The alcohol is derived through fermentation process. Some rumours said that our sushi is dipped with alcohol. I would like to stress that it is a wrong info. None of our sushi or products dip with alcohol.

Selected of our products content Mirin. Mirin is derived from fermented glutinous rice. It is used mainly in cooking as food enhancer in Japanese food. Mirin is not mean for drink. I have checked with JAKIM, and they cannot confirm on Mirin status. We are in progress to get info on Mirin status. Now, I am waiting a feedback from Tn Hj Abdullah Fahim, from Islamic Food Research Centre (IFRC) on Mirin Halal status.

As I mentioned earlier, Sushi King served alcoholic drinks at selected restaurants at most major city with high capacity of Chinese customer. Due to this business nature, Sushi King is not able to get Halal Certification from JAKIM.

I hope this info will help you.

Regards,
Suhaila Saghil @ Yusof
Sushi Kin Sdn. Bhd
Tel: 03-56319060 ext 295



Yummy but is it halal? I hope there is another alternative to this problem and I am positive, halal standards can be applied to all food from different cultures.
Email us if you have the alternatives to mymuslimconsumer@gmail.com

Saturday 20 November 2010

my cuppa


I have to admit to the constant dependency towards a strong cup of coffee and for many people it’s a juice of life! A well known fact is that caffeine stimulates the brain, heartbeat, metabolism and also emotions but we still drink it anyway.  Caffeine is just like sugar, a drug that needs to be infused into the blood stream every 4 hours. There are many ill effects of caffeine as it is a catalyst of many serious diseases. It can increase blood pressure levels, aggravates the artery walls, and causes irregular heartbeat. Caffeine is also diuretic and increases the urge of urination thus mild dehydration occurs.  Caffeine in food can also cause the depletion of calcium, what more if you drink 4-5 cups of coffee a day!
However for coffee addicts like me, who will find lame excuses to justify our addiction, only high intake of coffee on a regular basis can lead to detrimental health.  I may not suffer from a cardiac arrest or osteoporosis as “I supplement my diet with high calcium and healthy food which I microwave! (Do not take heed)” may put me and other coffee addicts in the low risk category. However since this is a consumer site and my personal views may not change the views of the association I have to COMPLY to the HARD accepting fact that too much coffee is bad for health.
On a daily basis we take in to much caffeine which can lead to other illnesses and being an urbanite aggravates the matter. I just found out that there are many food products that contain caffeine. Therefore the lame excuse of “I only have a cup or two should be reviewed”. I know of people who can sleep after a cup of coffee, so that excuse of having a cuppa to get moving is just a myth created by our desire or strong urge of coffee dependency.
While doing a brief research on this topic I realized that, my lack of sleep, anxiety, temper, heartburn, headaches and psychotic behavior was link to coffee. So don’t blame me for the outburst as I just had too much coffee this morning after a grueling night.
It’s not a joke! People actually die because of coffee and caffeine intoxication. In the US alone addiction to caffeine make up 80% of the population. Unaware of the toxic floating in that humble cup of coffee, consumers are ingesting more and more. Media statements by food industry players create a self assurance bubble that the usage of caffeine is at moderate level where scientists from laboratories around the world beg to differ.
Coffee lover or not, the power of consumerism can drive food industry players from the term moderate level to low level as we are prone to eating out or eating from the wrapper (which is now rampant among urbanites). There has been a ban over caffeine in the Olympics too. I also heard that certain companies have worked hand in hand and sponsored International Life Sciences Institute research; therefore what we read may be business propaganda.
Companies like Pepsi, Coca-cola, M&M, Mars, NutraSweet, Nestle, Hershey foods, Procter and Gamble are linked to ISI, so if you say that coffee and caffeine can make you loose weight, sharpen your mind, keep you alert, create the adrenalin boost, you are living a lie. It is actually intoxicating you. It not only has many diseases linked to it but is can be fatal and increase the chances of living with mental illnesses which is on the rise.
Diseases linked to caffeine and coffee intoxication are as below:
·         Kidney disease (too much; especially in children can cause inefficiency to process the toxin)


·         Mental confusion
·         Cancers (i.e.: bladder, pancreatic  etc)
·         Osteoporosis
·         High blood pressure
·         Irregular heartbeat (arrhythmia)
·         Cardiovascular disease
·         Stroke
·         Ulcers
·         Miscarriages (in the long run)
·         Dehydration
·         Sudden sleepiness
·         Anxiety and nervousness
·         Shock
·         Insomnia (poor sleep quality)
·         Heartburn
·         Depression
·         Physical tension and pain
·         Premenstrual syndrome (PMS)
·         Diarrhea and constipation
·         Fatigue


Hate to admit it but I myself have to reduce caffeine intake
Written by TDA

MISLEADING MC D COMMERCIAL- COFFEE ADDICTION IS BAD! BOYCOTT MC D

Friday 19 November 2010

Wake up to gastroenteritis


Food poisoning happens when there is lack of hygiene, no proper sanitation, and inadequate knowledge on handling food and for consumers it is when or where you buy your food. Consumers pay the price of gastroenteritis and in some cases leads to admission when eating out guidelines are taken for granted.
I was going through a brochure from the Ministry of Health and I am sure many don’t take heed over the simple steps that can prevent food poisoning. The slogan that goes “SAFE FOOD IS ONLY AVAILABLE AT CLEAN PREMISES” not just covers the front or ambiance of the eatery but includes the kitchen and sanitation. The behind alleys are where all the germs lurk and feasting on rubbish are rats, creepy crawlies, and other stray animals. At one point, certain city council in Malaysia paid the public if they were able to catch rats especially in the heights of the rat spread disease outbreak. Some may consider the outbreak as an isolated case but death cannot be repaid by lame excuses.
from Dr Hans book

Food poisoning doesn’t just occur in eateries but is rampant during flood, drought, or other natural disaster where water management is at the poorest. 
Add caption

Choosing your eatery:
1.       Eatery has proper ventilation and is protected from dust, flies, and stray animals.
2.       It has clean water supply, proper waste management, and sanitation.
3.       Premise provides soap for customers and staff.
4.       Premise has clean tables and floor and less musky smell.
5.       Premise provides clean equipments and utensils.
6.       Food handlers wear appropriate clothing to reduce the risk of contamination
7.       Food must be cooked well.
8.       Ready to eat food must be covered.
9.       There is proper storage of raw materials especially a cold storage for meat.
10.   Food handlers have proper hygiene, just see if they have clean fingers, nails, appearances, and do not smoke.
11.   Food handlers must use tongs, spoons, and forks when serving food.
12.   Surroundings have to be clean.
13.   There are separate towels or cloth for plates, tables, and utensils.
(I have seen many, use the same cloth even for floor spills!)
14.   Make sure plates and saucers are not stacked.
15.   Food handlers should display proper hygiene including during serving.

Simple steps that can reduce the risk of food poisoning at home:
1.       Wash your hands thoroughly with soap and water.
2.       Wash fruits and vegetable well in running water (one of the sunnah is to wash fruits, meat and vegetables in running water)
3.       Peel fruits skin or rind.
4.       Never eat meat that smells
5.       Eat food that is cooked well and reduce the intake of raw food unless there is an ingredient such as lime, lemon, or cider used to kill bacteria.
6.       Wash all cooking utensils well especially chopping boards.
7.       Do not sneeze or cough near food.
8.       Do not allow pets in the kitchen.
9.       Throw food out when it spoils.
10.   Food should not be reheated many times.
11.   This happens when food is not stored or cooked properly or when it gets old.
12.   If the food is not eaten within 2 hours, reheat it until it is very hot.
13.   Liquids should be bubbling and solids should be steaming.
14.   Food should be covered at all times to prevent it from spoiling
15.   For food that contains dairy products, reheating well and immediate consumption can reduce the risk of food poisoning.
16.   Allow frozen food to cook much longer.
17.   Never leave food unrefrigerated for more than 2 hours and never leave them overnight.

 As for Muslim consumers there are many other factors added to above mention such as:
1.       Is the eatery certified by the right authority as halal?
2.       Does eating out bring benefit to the family and does it burden the family finances?
3.       Is the food really healthy and is cleaned according to the syaria law.
4.       Does the eatery have any connections to those anti Muslims groups?
It may sound that you have to be in the research field for this. Actually no, all you have to do is be an aware Muslim consumer. Keep yourself updated with the latest from JAKIM, consumer associations and acquire knowledge. Practice makes it perfect and practicing good Muslim values a little at a time can help build a stronger iman and reduce the risk of illness-by TDA

Thursday 18 November 2010

Eid Adha


One of the most important day for Muslims around the world is Eid Adha. Unfortunately headlines like “ the dispute over  who should lead the prayers in Pakistan resulting to a shoot out in the mosque, Ignorance of halal slaughter, The commercialization of the Eid Adha, Animal slaughter methods defy sharia,  the brouhaha from the animals rights groups” filled the search engines. Since there were no photos from our Malaysian counterparts on the Eid Adha celebration, I would like to share some of my personal insights on this topic.
from agpix (if you have any photos from Malaysia please email us)
It was my first time watching the Qurban from a surau nearby. I always thought it was inhumane to watch an animal bleed to death but the whole ritual has many meanings to it. Nevertheless there were people who taint the whole celebration by dressing inappropriately in a surau or mosque, not respecting the etiquette in prayer places which is actually common sense! Many didn’t even bother to fear Allah with their wrongdoings. However, I would like to point the bright side and bring out the real meaning of Eid Adha from a Muslim point of view. Correct me if I am wrong by sending me an email at mymuslimconsumer@gmail.com
The whole celebration commemorates the willingness of prophet Ibrahim in his act of obedience to Allah to sacrifice his son Ismail. It wasn’t easy for any father to sacrifice in this case slaughter his son just for Allah. Jesus was tempted by the devil and Aiyub was mocked by the devil for his sufferings and many other prophets had their fair share of test. On this day the test of faithfulness fell on father, son, and the obedient mother. Prophet Ibrahim related his story to his son about his dream; having had it 3 times in a row he knew it was the revelation from the most high. The filial son approved of the dream and prepared himself to be sacrificed wavered under the agony of pain and anguish mockery of all logical justifications and reasons the order was carried out. Proving their obedience, Allah intervened and provided a ram to be sacrificed instead. Mankind has needs but God has no needs. Therefore any sacrifice to Allah brings no harm to him.
It’s an example of nearing divinity and absolute adherence to Allah and exalting him. An event like this only can be bore by a prophet of patience and obedience. Lessons which all Muslims should take heed.

Excerpt from the Quran
Surah As-Saffat (37) Verse 100-109
“O my lord! Grant me a righteous son!” verse 100
“So we gave him the good news of a boy ready to suffer and forbear” verse 101
“When the son reached (the age when he could) work, Prophet Ibrahim said: O the apple of my eye! I dreamt that I was sacrificing you. Tell me what you think? His son replied: father! Do as you are bidden; Allah willing you shall find me one of those who are steadfast” verse 102
“So when they had both totally surrendered themselves to Allah’s will and prophet Ibrahim had laid down his son prostrate upon his face. We consider Ibrahim with his earnest and will in carrying out our command-has already obeyed our command” verse 103
“We called out to him: O Ibrahim!” verse 104
“You have fulfilled your vision-thus do we reward those who do good” verse 105
“That was indeed an obvious test” verse 106
“And we ransomed his son with a splendid sacrifice” verse 107
“And we bestowed on him good reputation among people of later generations” verse 108
“Peace be on Ibrahim” verse 109
Rules Regarding the Animal to be Sacrificed
The animal has to be one of the cattle approved by Islamic law (Cow, Camel, Goat, Sheep etc.)
The animal has reached the required age. The adult age is:
·                  Two years for a cow
·                  Five years for a camel
·                  One year for a goat, lamb
·                  Six months for a sheep
The animal is free from an obvious defect like a one-eyed animal, a sick animal whose sickness is obvious, a lame animal whose limp is obvious, and an emaciated animal that has no marrow in its bones
The animal is in full possession of the one who is offering the sacrifice
It is not stolen or taken by force, not of joint possession or held in pledge
The animal can not be sold or given away once selected or bought for sacrifice, unless exchanging for something better

Rules Related to the Person offering the Sacrifice
A Muslim
It is necessary for the one who intends to offer the sacrifice that he does not remove any hair or nail from the sunset on last day of Zulkaedah until the sacrifice is done on the Eid day for the people performing the hajj.
Doing the slaughter with one’s own hands. If one is not able to do so then he can appoint some one else to do the slaughter on his behalf. In such case one should witness his slaughter if at all possible.
It is a necessary condition of the sacrifice that the animal be slaughtered with the intention of offering a sacrifice. The intention must be in the heart, and should not be spoken out loud.
Mention the Name of Allah at the time of slaughter.
Written by TDA

Tuesday 16 November 2010

ROs and BAFIA for reading purposes


The current issue that was on the main agenda of the http://persatuanpenggunaislammalaysia.blogspot.com was regarding the misuse of Repossession Order and the violation of the BAFIA act 1989. It was stated that a woman driver made a distress call to PPIM following sudden rogue harassment at the car park by personnel’s representing Ambank. The woman faced not only the hardship of repayment but also the rude and barbaric intervention by so called “repossession personnel’s”.  The blog mentioned that the manner was inappropriate and violated the BAFIA act and exposing secret documents of other ROs. I personally felt it was necessary to have excerpts from the act itself as a guide or reading reference. Consumers have to be informed about the importance of the BAFIA act 1989 (Banking and Financial Institutions Act 1989), as our daily lives are affected by banking and financial services. We will cover a few excerpts on the BAFIA, repossession order, and examples of indecent incidences that can no longer be deemed as isolated cases.
What is RO or repossession order?
It’s an order that carries validation to repossess a property in this case a car. The institution holds important rights to repossess if there is a breach in contract. “Creditors who breach the peace in seizing your car may have to pay you if they harm you or your property. A creditor usually can't keep or sell any personal property found inside. State laws also may require your creditor to use reasonable care to prevent others from removing your property from the repossessed car. If your creditor breached the peace when seizing the vehicle or failed to sell the car in a commercially reasonable manner, you may have a legal defense against a deficiency judgment. An attorney will be able to tell you whether you have grounds to contest a deficiency judgment”. This statement is according to standard chartered.
Excerpts of the BAFIA

Banking and Financial Institutions Act 1989 (BAFIA)
singa
LAWS OF MALAYSIA
Act 372
Banking and Financial Institutions Act 1989


Date of Royal Assent
23-Aug-1989


Date of publication in the Gazette
24-Aug-1989

























An Act to provide new laws for the licensing and regulation of institutions carrying on banking, finance company, merchant banking, discount house and money-broking businesses, for the regulation of institutions carrying on certain other financial businesses, and for matters incidental thereto or connected therewith.


[1st October 1989 (except in respect of scheduled institutions);
 1st January 1990 (in respect of scheduled institutions).
]
PU(B) 490/1989
 






















ARRANGEMENT OF SECTIONS


PART I
PRELIMINARY

1.
Short title and commencement.

2.
Interpretation.

3.
Functions, powers, and duties of Bank.


PART II
LICENSING OF BANKING, FINANCE COMPANY, MERCHANT BANKING, DISCOUNT HOUSE AND MONEY-BROKING BUSINESSES

4.
Banking, finance company, merchant banking, discount house, and money-broking businesses to be carried on only under license.

5.
Submission of application for license to the Bank.

6.
Grant or refusal of application by Minister.

7.
Revocation of license.

8.
Imposition of restrictions in lieu of revocation of license.

9.
Power to impose new conditions and to vary or revoke conditions imposed on license under section 6 (4) or this section.

10.
Notice of revocation of license, imposition of restrictions, or variation or revocation of conditions, or imposition of new conditions.

11.
Mandatory revocation of license and restriction of license in cases of emergency.

12.
Surrender of license.

13.
Prohibition on carrying on of licensed business upon revocation, expiry of duration or surrender of license.

14.
Requirements for grant and continuance of license.

15.
Restriction on use of word “bank”, etc.

16.
Names to be affixed outside office.

17.
Amendment or alteration of constituent documents of licensed institution.

18.
Publication of list of licensed institutions.


PART III
SCHEDULED BUSINESSES AND REPRESENTATIVE OFFICES

19.
Requirements for commencing or carrying on scheduled business.

20.
Requirements for setting up or maintaining a representative office.

21.
Submission of documents, statements, etc.

22.
Amendment or alteration of constituent documents of scheduled or foreign institution.

23.
Restriction on use of words “building credit”, etc.

24.
Regulation of scheduled institutions and representative offices under Parts V, VI, VII, VIII, IX, X and XIII.


PART IV
RESTRICTIONS RELATING TO ACCEPTANCE AND SOLICITATION OF, ADVERTISEMENT FOR, AND INDUCEMENT TO MAKE, DEPOSITS

25.
Receiving, taking or acceptance of deposits prohibited except under and in accordance with a valid license granted under section 6 (4).

26.
Unsolicited calls.

27.
Advertisements for deposits.

28.
Fraudulent inducement in relation to deposits.


PART V
SUBSIDIARIES AND OFFICES OF LICENSED INSTITUTIONS

29.
Control of establishment or acquisition of subsidiaries.

30.
Restriction on establishment of offices of licensed institutions.

31.
Establishment of correspondent banking relationship.


PART VI
RESTRICTIONS ON DEALINGS OF LICENSED INSTITUTIONS

32.
Restriction on carrying on of trade by licensed institution.

33.
Restriction on trading by licensed finance company, etc.

34.
Deposits to be subject to specified minimum or maximum period, minimum, or maximum amount, and other specified terms and conditions.

35.
Control of advertisements issued by licensed institutions.


PART VII
FINANCIAL REQUIREMENTS AND DUTIES OF LICENSED INSTITUTIONS

36.
Maintenance of reserve fund.

37.
Maintenance of capital funds.

38.
Maintenance of liquid assets.

39.
Maintenance of assets in Malaysia.

40.
Appointment and duties of auditor.

41.
Financial statements to be submitted to Bank.

42.
Publication and exhibition of audited balance sheet, etc.

43.
Statistics and information to be submitted.

44.
License fees.


PART VIII
OWNERSHIP, CONTROL AND MANAGEMENT OF LICENSED INSTITUTIONS

45.
Acquisition or disposal of aggregate of five per centum holding.

46.
Maximum permissible holdings.

47.
Prohibited holdings by licensed institution.

48.
Saving in respect of acquisitions, disposals, and holdings before effective date.

49.
Sanction required for reconstruction, etc. of licensed institutions.

50.
Application to High Court to facilitate agreement or arrangement for transfer of whole or part of business of licensed institution being given effect to.

51.
Licensed institution to report acquisition or disposal of aggregate of five per centum holding to Bank.

52.
Credit facilities on security of licensed institution’s property to be reported to Bank.

53.
Defense relating to contravention of provisions of this Part.

54.
Prohibitions and restrictions in the event of contravention.

55.
Bank’s consent required to be director of licensed institution.

56.
Disqualifications of director or officer of licensed institution.

57.
Appointment of chief executive.


PART IX
RESTRICTIONS ON BUSINESS OF LICENSED INSTITUTIONS

58.
Restrictions on payments of dividends.

59.
Advance against security of own shares or shares of holding company.

60.
Grant of secured and unsecured credit facilities.

61.
Restriction of credit to single customer.

62.
Prohibition of credit facilities to director and officer.

63.
Restriction on giving of credit facilities.

64.
Disclosure of interest by director.

65.
Control of credit limit.

66.
Restrictions on investments.

67.
Limitations, terms, and conditions in respect of giving of credit facility, including credit facility for the purpose of financing the acquisitions of shares or immovable property.

68.
Proof of compliance.


PART X
POWERS OF SUPERVISION AND CONTROL OVER LICENSED INSTITUTIONS

69.
Examination of licensed institution.

70.
Power of Minister to direct investigation to be made.

71.
Production of licensed institution’s books, etc.

72.
Licensed institution unable to meet obligations to inform Bank.

73.
Action by Bank in respect of licensed institution in certain circumstances.

74.
Provisions in relation to appointment under section 73.

75.
Provisions in relation to removal from office under section 73 (1) (C) or (D) (i).

76.
Provisions relating to assumption of control under section 73 (2) (a).

77.
Power to reduce share capital and to cancel shares of licensed institution which is subject to an order under section 73 (2) (a).

78.
Loans to licensed institution and acquisition of its shares.

79.
Extension of jurisdiction under this Part to related corporations of licensed institution and to director-controlled institutions.

80.
Moratorium.

81.
Priority of payments in the event of insolvency of licensed institution.


PART XI
INVESTIGATION, SEARCH AND SEIZURE

82.
Appointment of investigating officers, their powers, functions, and duties.

83.
Powers of entry, search, and seizure.

84.
Search of person.

85.
Obstruction to exercise of powers by an investigating officer.

86.
Requirement to provide translation.

87.
Power to examine persons.

88.
Specific persons in respect of whom powers of investigation may be exercised.

89.
Assistance to police or other public officer.

90.
Investigator deemed to be public servant and public officer.


PART XII
APPLICATION OF PARTS X AND XI TO NON-SCHEDULED INSTITUTIONS ENGAGED IN PROVISION OF FINANCE

91.
Report to Minister in respect of non-scheduled institution.

92.
Powers of Minister in relation to report under section 91.

93.
Minister’s power to apply provisions of Part X to non-scheduled institutions.

94.
Power of Minister to revoke license, etc. of non-scheduled institution.

95.
Provisions of this Part to prevail.


PART XIII
INFORMATION AND SECRECY

96.
Restriction on inquiring specifically into affairs of particular customer.

97.
Secrecy.

98.
Disclosure for facilitating performance of functions by Bank.

98A.
Disclosure for facilitating performance of functions by Malaysia Deposit Insurance Corporation.

99.
Other permitted disclosures.

100.
Disclosure under Banker’s Books (Evidence) Act 1949.

101.
Examination by relevant overseas supervisory authority.

102.
Disclosure by Bank of information to relevant overseas supervisory authority.


PART XIV
OFFENCES

103.
Scheduled offences and penalties for them.

104.
General penalty.

105.
Offences in relation to entries in books, documents, etc.

106.
Offences by institution and by servants and agents.

107.
Joinder of offences.

108.
Power of Governor to compound offences.

109.
Power of officer of Bank to prosecute offences under Act with consent of Public Prosecutor.

110.
Offences to be seizable offences.

111.
Duty of investigating officer to make over arrested person to police.

112.
Attempts, preparations, abetments, and conspiracies punishable as offences.


PART XV
GENERAL PROVISIONS

113.
Submission to Bank of information required by it.

114.
Indemnity.

115.
Prohibition on receipt of gifts, commissions, etc.

116.
Regulations.

117.
Decision of Minister to be final.

118.
Exemptions.

119.
(Deleted).

120.
Declaration of holidays.

121.
Compensation.

122.
Application of Companies Act 1965.

123.
Application of Exchange Control Act 1953.

124.
Islamic banking or financial business.

125.
Contravention not to affect contract, agreement, or arrangement.

126.
Power to issue guidelines, etc.


PART XVI
AMENDMENT, REPEAL AND TRANSITIONAL PROVISIONS

127.
Retrospective amendment of Finance Companies Act 1969.

128.
Repeal of Finance Companies Act 1969 and Banking Act 1973, and savings in respect thereof.

129.
Savings in respect of licenses granted under Banking Act 1973 and Finance Companies Act 1969.

130.
Modifications to construction of other written laws.

131.
Consequential amendments to the Companies Act 1965.

First Schedule
(Section 2 (1), paragraph (D) of the definition of “deposit”)

Second Schedule
(Section 6 (1)) Minimum Criteria

Third Schedule
(Section 2 (1), definition of “scheduled business”.)

Fourth Schedule
(Section 103) Offences and Penalties


PART XI
INVESTIGATION, SEARCH AND SEIZURE
  Appointment of investigating officers, their powers, functions, and duties. 82.   (1)   For the purposes of this Part, the Bank may appoint any officer or employee of the Bank or any person appointed under section 3 (3) to be an investigating officer.   (2)   Subject to subsection (3), an investigating officer appointed under subsection (1) shall have all the powers, functions, and duties conferred on an investigating officer under this Act, and where such investigating officer is not an officer or employee of the Bank, he shall, in relation to such powers, functions and duties— (a) be subject to; and (b) enjoy such rights, privileges, protections, immunities and indemnities as may be specified in, Act 519. The provisions of this Act, the Central Bank of Malaysia Act 1958 or other written law applicable to an officer or employee of the Bank as if he were an officer or employee of the Bank. Act A954.   (3)   An investigating officer shall be subject to the direction and control of the Governor, or of such other officer of the Bank as may be authorized by the Governor to act on behalf of him, and of any other investigating officer or officers superior to him in rank, and shall exercise his powers, perform his functions, and discharge his duties referred to in subsection (2) in compliance with such directions, instructions, conditions, restrictions or limitations as the Governor, or an officer of the Bank authorized to act on behalf of him, or an investigating officer superior in rank, may specify orally or in writing, either generally, or in any particular case or circumstance.   (4)   The Governor, or any officer of the Bank authorized by the Governor to act on behalf of him, shall have all the powers, functions, and duties of an investigating officer.   (5)   An investigating officer conducting any examination of any person under this Part shall have the power to administer an oath or affirmation to the person who is being examined.   Powers of entry, search, and seizure. 83.   (1)   Where an investigating officer is satisfied, or has any reason to believe, that any person has committed an offence under this Act, he may, if in his opinion it is reasonably necessary to do so for the purpose of investigating into such offence— (a) enter any premises and there search for, seize and detain any property, book or other document; (b) inspect, make copies of, or take extracts from, any book or other document so seized and detained; (c) take possession of, and remove from the premises, any property, book or other document so seized and detained; (d) search any person who is in, or on, such premises, and for the purpose of such search detain such person and remove him to such place as may be necessary to facilitate such search, and seize and detain any property, book or other document found on such person; (e) break open, examine, and search, any article, container or receptacle; or (f) stop, detain or search any conveyance.   (2)   An investigating officer may if it is necessary so to do— (a) break open any outer or inner door of such premises and enter there into; (b) forcibly enter such premises and every part thereof; (c) remove by force any obstruction to such entry, search, seizure, detention or removal as he is empowered to effect; or (d) detain all or any persons found on any premises, or in any conveyance, searched under subsection (1) until such premises or conveyance have been searched.   (3)   A list of all things seized in the course of a search made under this section and of the premises in which they are respectively found shall be prepared by the investigating officer conducting the search and signed by him. Act A954.   (4)   The occupant of the premises entered under subsection (1), or some person on his behalf shall in every instance be permitted to attend during the search, and a copy of the list prepared and signed under this section shall be delivered to such occupant or person at his request. Act A954.   (5)   An investigating officer shall, unless otherwise ordered by any court— Act A954. (a) on the close of investigations or any proceedings arising there from; or (b) with the prior written consent of any officer of the Bank authorized by the Governor to act on his behalf for this purpose, or of any investigating officer superior to him in rank, at any time before the close of investigations, release any property, book or other document seized, detained or removed by him or any other investigating officer, to such person as he determines to be lawfully entitled to the property, book or other document if he is satisfied that it is not required for the purpose of any prosecution or proceedings under this Act, or for the purpose of any prosecution under any other written law.   (6)   A record in writing shall be made by the officer effecting any release of any property, book or other document under subsection (5) in respect of such release specifying therein in detail the circumstances of, and the reason for, such release. Act A954. F.M.S. Cap. 6.   (7)   Where the investigating officer is unable to determine the person who is lawfully entitled to the property, book or other document or where there is more than one claimant to such property, book or other document, the investigating officer shall report the matter to a Magistrate who shall then deal with the property, book or other document as provided for in sections 413(2), (3) and (4), 414, 415 and 416 of the Criminal Procedure Code. Act A954.   Search of person. 84.   (1)   An investigating officer may search any person whom he has reason to believe has on his person any property, book or other document, or other article whatsoever, necessary, in his opinion, for the purpose of investigation into any offence under this Act, and for the purpose of such search may detain such person for such period as may be necessary to have the search carried out, which shall not in any case exceed twenty-four hours without the authorization of a Magistrate, and may remove him in custody to such place as may be necessary to facilitate such search.   (2)   An investigating officer making a search of a person under subsection (1) may seize, detain, or take possession of any property, book or other document, or article, found upon such person for the purpose of the investigation being carried out by him.   (3)   No female person shall be searched under this section or under section 83 except by another female.   Obstruction to exercise of powers by an investigating officer. 85.   No person shall— (a) refuse any investigating officer exercising his powers under section 83 or 84, access to any premises or part thereof, or fail to submit to the search of his person; (b) assault, obstruct, hinder or delay such investigating officer in effecting any entrance which he is entitled to effect; (c) fail to comply with any lawful demands of any investigating officer in the execution of his duties under section 83 or 84; (d) refuse to give to an investigating officer any information which may reasonably be required of him and which he has it in his power to give; (e) fail to produce to, or conceal or attempt to conceal from, an investigating officer, any property, book, other document, or article in relation to which the investigating officer has reasonable grounds for suspecting that an offence has been or is being committed under this Act; (f) rescue or endeavor to rescue any thing which has been duly seized; (g) furnish to an investigating officer as true, information which he knows or has reason to believe to be false; or (h) before or after any seizure, break or otherwise destroy any thing to prevent the seizure thereof, or the securing of the same.   Requirement to provide translation. 86.   (1)   Where an investigating officer finds, seizes, detains, or takes possession of, any book or other document in the exercise of any power under this Part, and such book or other document or any part thereof is in a language other than the national language or the English language, or in any sign or code, the investigating officer may orally or in writing require the person who had the possession, custody or control of such book or other document, to furnish to the investigating officer a translation in the national language of such book or other document within such period as, in the opinion of the investigating officer, would be reasonable having regard to the length of the book or other document, or other circumstances relating to it.   (2)   No person shall knowingly furnish a translation under subsection (1) which is not an accurate, faithful, and true translation, or knowingly make a translation under that subsection which is not accurate, faithful, and true.   (3)   Where the person required to furnish a translation under subsection (1) is not the person who is suspected to have committed the offence under investigation, the Bank shall pay to him reasonable fees for the translation.   Power to examine persons. 87.   (1)   Where an investigating officer suspects any person to have committed an offence under this Act, he may, if in his opinion it is reasonably necessary to do so for the purposes of investigation into such offence— (a) order any person orally or in writing to attend before him for the purpose of being examined orally by the investigating officer in relation to any matter which may, in the opinion of the investigating officer, assist in the investigation into the offence; (b) order any person orally or in writing to produce before the investigating officer books, other documents, property, articles, or things which may, in the opinion of the investigating officer, assist in the investigation into the offence; or (c) by written notice require any person to furnish a statement in writing made on oath or affirmation setting out therein all such information which may be required under the notice, being information which, in the opinion of the investigating officer, would be of assistance in the investigation into the offence.   (2)   A person to whom an order under subsection (1) (a) or (b), or a written notice under subsection (1) (c), has been given shall comply with the terms of such order or written notice, as the case may be, and, in particular— (a) a person to whom an order under subsection (1) (a) has been given shall attend in accordance with the terms of the order to be examined, and shall continue to so attend from day to day as directed by the investigating officer until the examination is completed, and shall during such examination disclose all information which is within his knowledge, or which is available to him, or which is capable of being obtained by him, in respect of the matter in relation to which he is being examined, whether or not any question is put to him with regard thereto, and where any question is put to him he shall answer the same truthfully and to the best of his knowledge and belief, and shall not refuse to answer any question on the ground that it tends to incriminate him or his spouse; (b) a person to whom an order has been given under subsection (1) (b) shall not conceal, hide, destroy, alter, remove from or send out of Malaysia, or deal with, expend, or dispose of, any book, other document, property, article, or thing specified in the order, or alter or deface any entry in any such book or other document, or cause the same to be done, or assist or conspire to do the same; and (c) a person to whom a written notice has been given under subsection (1) (c) shall, in his statement made on oath or affirmation, furnish and disclose truthfully all information required under the notice which is within his knowledge, or which is available to him, or which is capable of being obtained by him, and shall not fail to furnish or disclose the same on the ground that it tends to incriminate him or his spouse.   (3)   A person to whom an order or a notice is given under subsection (1) shall comply with such notice or order and with the provisions of subsection (2) in relation thereto, notwithstanding the provisions of any written law, whether enacted before or after the commencement of this Act, or of any oath, undertaking or requirement of secrecy, to the contrary, or of any obligation under any contract, agreement or arrangement, whether express or implied, to the contrary.   (4)   Where any person discloses any information or produces any property, book, other document, article, or thing, pursuant to subsections (1) and (2), neither the first mentioned person, nor any other person on whose behalf or direction or as whose agent or employee, the first mentioned person may be acting, shall, on account of such disclosure or production, be liable to any prosecution for any offence under or by virtue of any law, or to any proceeding or claim in any form or of any description by any person under or by virtue of any agreement or arrangement, or otherwise howsoever.   (5)   An investigating officer may seize, take possession of and retain for such duration as he deems necessary, any property, book, other document, article or thing produced before him in the course of an investigation under subsection (1), or search the person who is being examined by him under subsection (1) (a), or who is producing anything to him under subsection (1) (b), for ascertaining whether anything relevant to the investigation is concealed, or is otherwise, upon such person.   (6)   An examination under subsection (1) (a) shall be reduced into writing by the investigating officer and shall be read to and signed by the person being examined, and where such person refuses to sign the record, the investigating officer shall endorse thereon under his hand the fact of such refusal and the reasons therefore, if any, stated by the person examined. Act A954.   (7)   The record of an examination under subsection (1) (a), or a written statement on oath or affirmation made pursuant to subsection (1) (c), or any property, book, other document, article or thing produced under subsection (1) (b) or otherwise in the course of an examination under subsection (1) (a) or under a written statement on oath or affirmation made pursuant to subsection (1) (c), shall, notwithstanding any written law or rule of law to the contrary, be admissible in evidence in any proceedings in any court— (a) for, or in relation to, an offence under this Act; (b) for, or in relation to, any other matter under this Act; or (c) for, or in relation to, any offence under any other written law, regardless whether such proceedings are against the person who was examined, or who produced the property, book, other document, article or thing, or who made the written statement on oath or affirmation, or against any other person.   Specific persons in respect of whom powers of investigation may be exercised. 88.   Without prejudice to the generality of other powers of investigation conferred on an investigating officer under this Part, such powers may be exercised by him against— (a) (i) any past or present business associate; (ii) any person who is or was a relative; (iii) any person who has or had made a deposit with, or who is or was a creditor; (iv) any past or present controller; (v) any person who is or was concerned with the control or management, in whole or in part of the affairs; or (vi) any person who has or had an interest in the shares, or otherwise has or had an interest in the property, of the person suspected to have committed an offence under this Act; (b) any business associate or relative of a person referred to in paragraph (a); or (c) any body corporate or unincorporate in which any person referred to in paragraph (a) is a director or officer or, where such body is a corporation, has an interest in the shares of the corporation.   Assistance to police or other public officer. 89.   The Bank may at its own initiative, or on the request of a public officer— (a) supply to a police officer or any other public officer a copy of any book or other document seized, detained or taken possession of under section 83 or 84, or of any record of examination under section 87 (1) (a), or of any written statement on oath or affirmation made under section 87 (1) (c), or of any book or other document produced under section 87 (1) (b), or otherwise in the course of any examination under section 87 (1) (a), or under any written statement on oath or affirmation made pursuant to section 87 (1) (c), and such police officer or other public officer may make such use of such copy of such record, statement, book or other document as may be necessary or expedient in relation to the exercise of his powers, the performance of his functions, or the discharge of his duties, in respect of any person; or (b) allow a police officer or any other public officer to have access to and inspect any property, book, other document, article or thing which had been produced before, or seized, detained or taken possession of, by an investigating officer under this Part, and such police or other public officer may make such use of any knowledge gained by such access or inspection as may be necessary or expedient in relation to the exercise of his powers, the performance of his functions, or the discharge of his duties, in respect of any person.   Investigator deemed to be public servant and public officer.
F.M.S. Cap. 45.
F.M.S. Cap. 6.
90.   An investigating officer shall be deemed to be a public servant for the purposes of the Penal Code, and to be a public officer for the purposes of the Criminal Procedure Code or any other written law which the Minister may, on the recommendation of the Bank, prescribe.  

PART XIII
INFORMATION AND SECRECY
  Restriction on inquiring specifically into affairs of particular customer. 96.   Except as provided in section 43 (2), and without prejudice to the powers of inspection, examination, investigation or inquiry conferred on the Bank or on an investigating officer under this Act, nothing in this Act shall— (a) authorize the Minister to direct the Bank; or (b) authorize the Bank, to inquire specifically into the affairs of any individual customer of any licensed institution.   Secrecy. 97.   (1)   No director or officer of any licensed institution or of any external bureau established, or any agent appointed, by the licensed institution to undertake any part of its business, whether during his tenure of office, or during his employment, or thereafter, and no person who for any reason, has by any means access to any record, book, register, correspondence, or other document whatsoever, or material, relating to the affairs or, in particular, the account, of any particular customer of the institution, shall give, produce, divulge, reveal, publish or otherwise disclose, to any person, or make a record for any person, of any information or document whatsoever relating to the affairs or account of such customer. Act A954.   (2)   This section shall not apply to any information or document which at the time of the disclosure is, or has already been made, lawfully available to the public from any source other than the licensed institution, or to any information which is in the form of a summary or collection of information set out in such manner as does not enable information relating to any particular licensed institution or any particular customer of the licensed institution to be ascertained from it.   (3)   No person who has any information or document which to his knowledge has been disclosed in contravention of subsection (1) shall in any manner howsoever disclose the same to any other person.   Disclosure for facilitating performance of functions by Bank. 98.   (1)   The provisions of section 97 shall not apply to the disclosure of any information or document— (a) to the Bank, or to any director, officer or employee of the Bank, or to any person appointed by the Bank under section 3 (3), or to the Advisory Panel, where the disclosure is for the purpose of the exercise of powers, the performance of functions or the discharge of duties of the Bank, or of the director, officer or employee of the Bank, or of the person appointed under section 3 (3), or of the Advisory Panel; or (b) to any person rendering professional services to the Bank in relation to any matter of law, accountancy, valuation, or any other matter requiring professional knowledge, where he is authorised in writing by the Bank to obtain the information from the licensed institution for the purpose of his services to the Bank.   Disclosure for facilitating performance of functions by Malaysia Deposit Insurance Corporation 98A.   The provisions of section 97 shall not apply to the disclosure of any information or document to any director, officer, employee or agent of the Malaysia Deposit Insurance Corporation (hereinafter in this section referred to as “the Corporation”) established under the Malaysia Deposit Insurance Corporation Act 2005 where the disclosure is for the purposes of the exercise of powers, the performance of functions or the discharge of duties of the Corporation or of the directors, officers, employees or agents of the Corporation under that Act. Act A1256.   Other permitted disclosures. 99.   (1)   The provisions of section 97 shall not apply to the disclosure of any information or document— (a) which the customer, or his personal representative, has given permission in writing to disclose; (b) in a case where the customer is declared bankrupt, or, if the customer is a corporation, the corporation is being or has been wound up, in Malaysia or in any country, territory or place outside Malaysia; (c) where the information is required by a party to a bona fide commercial transaction, or to a prospective bona fide commercial transaction, to which the customer is also a party, to assess the creditworthiness of the customer relating to such transaction, provided that the information required is of a general nature and does not enable the details of the customer’s account or affairs to be ascertained; (d) for the purposes of any criminal proceedings or in respect of any civil proceedings— Act A954. (i) between a licensed institution and its customer or his guarantor relating to the customer’s transaction with the institution; or (ii) between the licensed institution and two or more parties making adverse claims to money in a customer’s account where the licensed institution seeks relief by way of interpleader; (e) where the licensed institution has been served a garnishee order attaching monies in the account of the customer; (f) to an external bureau established, or to an agent appointed, by the licensed institution with the prior written consent of the Bank; Act A954. (g) where such disclosure is required or authorised under any other provision of this Act; (h) where such disclosure is authorised under any Federal law to be made to a police officer investigating into any offence under such law and such disclosure to the police officer being, in any case, limited to the accounts and affairs of the person suspected of the offence; or Act A954. (i) Where such disclosure is authorised in writing by the Bank. Act A954.   (2)   In any civil proceedings under subsection (1) (b) or (d) where any information or document is likely to be disclosed in relation to a customer’s account, such proceedings may, if the court, of its own motion, or on the application of a party to the proceedings, so orders, be held in camera and in such case, the information or document shall be secret as between the court and the parties thereto, and no such party shall disclose such information or document to any other person.   (3)   Unless the court otherwise orders, no person shall publish the name, address or photograph of any parties to such civil proceedings as are referred to in subsection (2), or any information likely to lead to the identification of the parties thereto, either during the currency of the proceedings or at any time after they have been concluded.   Disclosure under Banker’s Books (Evidence) Act 1949.
Act 33. 100.   Nothing in this Part shall limit any powers conferred upon the High Court or a judge thereof by the Banker’s Books (Evidence) Act 1949 or to prohibit obedience to an order made under that Act.   Examination by relevant overseas supervisory authority. 101.   (1)   The relevant supervisory authority of a country, territory or place outside Malaysia may, with the approval of the Bank, examine the books, accounts and transactions of— (a) [Deleted] Act A954. (b) a representative office in Malaysia of a foreign institution; (c) a licensed institution which is a subsidiary of a foreign institution; or (d) a licensed institution which is an associate of a foreign institution, established in that country, territory or place.   (2)   In granting an approval under subsection (1), the Bank may impose such terms, restrictions and conditions as it deems fit.   (3)   Where the Bank has granted its approval under subsection (1), the provisions of section 97 shall not apply in relation to the examination to be carried out under such approval, to the extent specified in the approval.   (4)   A copy of the report of an examination under subsection (1) shall, unless otherwise allowed by the Bank, be lodged with the Bank upon the conclusion of such examination.   (5)   For the purposes of this section and section 102, “relevant supervisory authority” means an authority which exercises functions corresponding to those of the Bank under this Act, or any person exercising such regulatory functions as may be deemed appropriate by the Bank after taking into account the representations made by the person as to the desirability of or the necessity for the examination.   Disclosure by Bank of information to relevant overseas supervisory authority. 102.   Notwithstanding anything to the contrary contained in this Act, the Bank may upon request by the relevant supervisory authority of a country, territory or place outside Malaysia, provide to it information on matters relating to the affairs of any office, representative office or licensed institution referred to under section 101 (1), or of any office in that country, territory or place of any licensed institution, or information relating to the proposed establishment by any licensed institution of any office in that country, territory or place:    Provided that the Bank shall not provide any information relating to the account or affairs of any particular customer of such office, representative office, or institution.  
Tiring it may seem but the importance of this act can prevent future misunderstanding and heighten awareness among consumers. Please do take time to refer to this act and know your rights as a consumer. I am sure many would argue back that a loan should be repaid and as a Muslim repaying a debt is very important. Please repay your dues but also keep strong as a human and a consumer we have rights to prevent from harassment and dangerous inflictions.