Question 2

1. Discuss the legal aspects surrounding breach of privacy and security in respect of electronic

banking in Malaysia. Support your answer with the relevant legal provisions and decided cases (if any).

(10 marks)

(b) Mr Panda works as a chief cashier in Bank Cerah Berhad. As Mr Pandai is usually stressed

and faces time constraints in his work, he finds it convenient to share his password (which

was assigned to him by Bank Cerah to gain access to the bank's computer system) with Ms

Ayu who works as a teller in Bank Cerah. The sharing of password is against Bank Cerah's

standard procedures and practices. Explain the legal (statutory) contravention and

consequences of such act provided by the statute.

(10 marks)

Question 3

(a) In relation to Islamic banking,

(i) Describe the regulatory framework for Islamic banking in Malaysia.

(10 marks)

(ii) Briefly explain which courts have the jurisdiction to decide on matters pertaining to

Islamic banking and finance in Malaysia? Support your answer by referring to the relevant case law(s).

(5 marks)

(b) The Anti-Money Laundering; Anti-Terrorism Financing and Proceeds of Unlawful Activities

Act 2001 (AMLATFPUAA 2001) was enacted to provide for the offence of money laundering,

the measures to be taken for the prevention of money laundering and to provide for

forfeiture of property derived from or involved in money laundering, and for matters

incidental thereto or connected therewith.

1. Explain how AMLATFPUAA 2001 affects bankers in Malaysia?

(5 marks)

(il) The AMLATFPURA 2001 is an Act that apply to any serious offence or unlawful activity whether committed before or after the commencement date. Describe with relevant cases, the above salient features of AMLATFPUAA 2001.