Vivian Yew Zhi Xuan

On the court record

Vivian Yew Zhi Xuan appears in the reported corpus as counsel across company law and serious criminal litigation, at the High Court and Court of Appeal. Her company work is visible in a matter on the internal management of a company and the principle of judicial non-intervention — that the courts are slow to interfere in the internal affairs of a company acting within its powers — arising from the appointment and removal of directors and the validity of directors' resolutions in writing and circular resolutions. Her criminal-defence work appears in a Court of Appeal trafficking appeal argued on a judgment in Bahasa Malaysia under seksyen 39B(1)(a) Akta Dadah Berbahaya 1952 (section 39B(1)(a) of the Dangerous Drugs Act 1952), where the appellate issues were sama ada terdapat ketiadaan pengetahuan tertuduh-tertuduh terhadap dadah yang dijumpai (whether the accused lacked knowledge of the drugs found).

Her reported work also reaches asset forfeiture and grave offences against the person. She was engaged in a Court of Appeal matter on an application for the forfeiture of property under section 56 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which turned on the key elements of a section 56 forfeiture and whether there was any "unlawful activity" within the meaning of the Act. She also appeared as respondent's counsel in a full criminal trial concerning an offence under seksyen 3(1) Akta Culik 1961 (section 3(1) of the Kidnapping Act 1961) read with seksyen 34 Kanun Keseksaan (section 34 of the Penal Code) and section 109, where the court examined whether the charges were made out on the prosecution's case. Across these reported decisions her work spans corporate governance, drug defence, money-laundering forfeiture and offences under the Kidnapping Act, marking Vivian Yew Zhi Xuan as counsel with an unusually broad company-and-crime practice.