Kwan Will Sen’s Post

As many are aware, Global Ikhwan Services & Business Holdings (GISB) has made headlines for a range of serious allegations. With investigation papers opened on charges such as human trafficking, money laundering, and tax evasion, the list continues to grow. Now, amidst these criminal investigations, one GISB entity may also face a potential civil offence under the Competition Act 2010. Yesterday, GISB Travel & Tours Sdn Bhd, along with 80 other travel agencies, received a Proposed Decision from the Malaysia Competition Commission (MyCC) for allegedly participating in a price-fixing agreement related to Umrah travel services in Malaysia. The timing of this announcement, coming on the heels of GISB’s recent controversies, might prompt some to speculate about ongoing persecution of the company. However, it’s important to note that MyCC’s investigation into the 81 companies for price fixing began as early as 2023. According to MyCC, these companies agreed to set minimum prices for both economy and premium Umrah packages during association meetings in early 2023. MyCC also found that the association publicly announced these agreed-upon prices to the media, a move that could further solidify their culpability. An interesting question arises with the issuance of this Proposed Decision: how did this price-fixing arrangement slip past the oversight of the Umrah Regulatory Council or Majlis Kawal Selia Umrah (MKSU), established in August 2014 to regulate standards, implement mechanisms and oversee service quality for handling Umrah packages? Compounding this curiosity is the fact that the Council comprises several government ministries and agencies, including the Ministry of Domestic Trade, as well as MyCC itself. With limited information available beyond MyCC’s press release, we will have to wait for the Final Decision. It is important to note that the Proposed Decision is a preliminary finding, and it should not be assumed that these companies have violated the law. They have 30 days to submit their representations to defend their actions.

As a reminder to businesses in sectors like tourism, real estate, and logistics, the Commerce Ministry is cracking down on those using Thai nominees to conceal foreign ownership. Auramon Supthaweethum emphasises the need for compliance with the Foreign Business Act of 1999, which limits foreign ownership to 49%. Reads more: https://heyor.ca/dQLEN1 #BusinessCompliance #ForeignOwnership #ThailandCommerceMinistry

 Thailand's Casino Legislation Effort Stalls Amid Government Struggles 🇹🇭 🎰 The Bangkok Post reported that the Bhumjaithai Party, part of the ruling coalition, voiced objections to various aspects of the bill, questioning the projected financial and tourism benefits of legalizing casinos, arguing that Thailand’s tourism sector is already robust. Find out more in our article 👇 #thailand #casino #legislation #law #changes  

Extreme harassment & unfair trade practice by a Vietnamese Airlines named Vietravel Airlines. Myself along with family were suppose to travel by Vietravel Airlines on 27th May 24, from Hanoi to Danang in Vietnam. The flight departure time was 5:50 pm on 27th May 24, when we arrived at airport, we came to know it has been rescheduled to 1:10 am on 28th May 24. It was a big shock for us because there was an urgency to reach Danang on time. When I approached the staffs of Vietravel Airlines present in Hanoi Airport, considering their fault & the situation they have initially confirmed verbally, followed by a written mail confirmation, that they will refund the full amount of the tickets, and it will be credited to the payment source within 15 business days. On the basis of their assurance, I have booked tickets with another Airlines in higher price & reached Danang on time. But most unfortunate part it is more than 20 business days now but till date no refund got credited. Initially Vietravel Airlines customer care team was confirming that they have initiated full refund from their side, I need to follow up with online booking Agent Agoda. But Agoda on the other hand clearly denied & confirmed over mail that refund pending Airlines confirmation. Now when I asked Vietravel Airlines to send me a proof of refund initiation, initially they started buying time by saying they have forwarded the information to relevant department they will respond once they get a result, but presently they have stopped replying my mails. Please find below the initial mail from the Airlines confirming refund initiation, but it is already more than 20 business days nothing got refunded. Really can’t understand how come an Airlines, after giving written assurance, not sticking to their promises…. What kind of unfair trade practice is this?? Are they not bothered about their reputation and legal implications??? @ Nguyen Minh Hai (President & CEO of Vietravel Airlines) request your intervention, to settle the matter urgently….

Are you staying compliant? Portugal’s Alojamento Local (AL) regulations just changed—are you up to date? New registrations are back, but with restrictions in certain areas. Don’t let legal hurdles hold you back. We’re here to guide you through the updates and keep your property compliant. Drop your questions below or DM us for more insights! #PropertyManagement #AlojamentoLocal #PortugalRealEstate

📢 Mandatory #eInvoicing in #Malaysia is approaching! 🇲🇾 The Inland Revenue Board of Malaysia (#IRBM) has released Frequently Asked Questions (FAQs) specifically for the tourism industry. Follow all sector-specific FAQs for Malaysia's eInvoicing process here: 🔗 https://lnkd.in/dq3NSq-Y 📞 If you have any questions or need guidance, please contact us 👇 📩 [email protected] #eInvoicing #MalaysiaBusiness #LHDN #Malaysia #MalaysiaTourism #MyInvois

New Ever Korea Travel Co, Ltd v Ever Korea Service (M) Sdn Bhd [2023] 2 CLJ 625. Today the Court of Appeal through appeal no: W-02(NCVC(W)-178-02/2023 unanimously overturned the decision of the high court in the above-reported case in awarding nominal damages to our client. The court agrees with our submission that the Statement of Account adduced by our client has sufficiently proved the full claimed sum (ref case of Equity Setegap) as witness is called to testify on the statement and the Defendant has opted for no case to answer. Therefore it is unrebutted that the claim sum in the statement was correct. (ref case of Yong Sze Fatt) Interestingly the court also found that the claim of the appellant is not restricted by a single statement pleaded in a paragraph of the SOC as there are other saving paragraphs in the SOC to cover other claims. So, make sure you include as many details as you can in your pleadings. Our appeal was allowed with costs, and the court has allowed the full claim sum of RM 8.5m to our client. I was assisted by Vilasiny Gannasen and Yong Ke-Qin 杨克勤 today. #litigation #civillitigation #lawyerlife

Does your business use vouchers? For businesses dealing with vouchers, especially in the travel and tourism industry, this case underscores the importance of understanding VAT implications to avoid costly legal challenges. 📖Glyn Edwards discusses the landmark Go City Ltd v. HMRC case.. https://lnkd.in/ebVZazD2 #VAT #TaxLaw #TravelAndTourism #GoCity #HMRC #VATCompliance #MultiPurposeVouchers

Refund rights under the Package Travel Directive (PTD) have been debated at length following disruption caused by COVID-19. The Court of Justice of the European Union (CJEU) has recently published a judgment which clarifies how the PTD should be applied in these circumstances. Travel partner Rhys Griffiths explores this judgement looking at the risks and changes over time to how this law applies. You can read the full article here: https://lnkd.in/eDh2bh8J #TravelLaw #PTD #TravelRegulation

My take on the #tourist_tax in Malaysia from Faiz Mohamed at Scoop Malaysia ... ... for those who don't read Bahasa Malaysia ... go to a class or use Google translate 😄 The tourist tax is a very bad tax. First it is discriminatory and makes foreigners feel unwelcome. Even residents with foreign passports have to pay it, when Malaysians do not. This gives an impression of #xenophobia. Second it raises virtually nothing in terms of #government_revenue barely RM700 million. Third the money raised goes to general revenue and is not effectively targeted on improving #tourism. The tourism tax can be replaced by a 0.03% #e_payment tax (EPT) on all electronic payments. This could abolish the tourism tax altogether and give Malaysia a competitive advantage. https://lnkd.in/gizixn_w