Sunday, May 31, 2009
Malaysian Teenagers
"Sex party", "Schoolgirl detained for possessing drugs", "Pregnant woman dies robbed by Mat Rempits". All these news dominate headlines of our local papers, and the question many will be asking is : Who is to blame? The school teachers or parents in the house???
Did you ever think of blaming the teenagers themselves? They are partly too be blamed too.
havent finish writing....
dota 1st...
continue later
Monday, May 25, 2009
What "SONY LIEW" means
What SONY LIEW means |
You are the total package - suave, sexy, smart, and strong. You have the whole world under your spell, and you can influence almost everyone you know. You don't always resist your urges to crush the weak. Just remember, they don't have as much going for them as you do. You are well rounded, with a complete perspective on life. You are solid and dependable. You are loyal, and people can count on you. At times, you can be a bit too serious. You tend to put too much pressure on yourself. You are very intuitive and wise. You understand the world better than most people. You also have a very active imagination. You often get carried away with your thoughts. You are prone to a little paranoia and jealousy. You sometimes go overboard in interpreting signals. You are a free spirit, and you resent anyone who tries to fence you in. You are unpredictable, adventurous, and always a little surprising. You may miss out by not settling down, but you're too busy having fun to care. You are relaxed, chill, and very likely to go with the flow. You are light hearted and accepting. You don't get worked up easily. Well adjusted and incredibly happy, many people wonder what your secret to life is. You tend to be pretty tightly wound. It's easy to get you excited... which can be a good or bad thing. You have a lot of enthusiasm, but it fades rather quickly. You don't stick with any one thing for very long. You have the drive to accomplish a lot in a short amount of time. Your biggest problem is making sure you finish the projects you start. You are friendly, charming, and warm. You get along with almost everyone. You work hard not to rock the boat. Your easy going attitude brings people together. At times, you can be a little flaky and irresponsible. But for the important things, you pull it together. You are very charming... dangerously so. You have the potential to break a lot of hearts. You know how what you want, how to get it, and that you will get it. You have the power to rule the world. Let's hope you're a benevolent dictator! |
Sunday, May 24, 2009
1Malaysia, Malaysia Boleh or Malaysia Truely Asia?
If my long term memory is still working, i remember the ministry bringing up this matter several years ago. But what happened in the end? Cakap kosong only. This is 1Malaysia!!!
Now it's the PDRM's turn. Mat Rempit to ''samseng jalanan'' or road thugs??? Nothing to do kah??? Mat Rempit's roaming freely on our roads while those holding candles are arrested. Denied access to lawyers. 1Malaysia???
Wah.... 1Malaysia.... Doctrine of the separation of powers clearly states that the Executive, Judiciary and the Legislative are independent of each other. But in Malaysia we are living in Bolehland. The Judiciary can overrule the Legislative. 1Malaysia again!!!
And of course we have 1Malaysia. There is only one Malaysia. Malaysia truely Asia. It is a free advertisement that we show the world what a nation we are. Such a shame!!! Is there any country like Malaysia??? Erm.... Zimbabwe perhaps... But there is only 1Malaysia....
Saturday, May 23, 2009
Thursday, May 21, 2009
ARTICLES OF LAW --- Caution required
ARTICLES OF LAW
By BHAG SINGH
Things to look out for when buying a plot of land in a foreign country.
VARIOUS organisations are involved in selling plots of land in foreign countries and many people are excited about buying such land. The advertisements are well displayed and the advantages of the purchases are highlighted.
Phrases like prime freehold land, absence of taxes, existence of a trusted land registry system, an increasing population, exciting forthcoming events and expectation of multiple-fold growth in value in the future are used to prompt purchase of such land.
Of course, this comes as music to the ears of those who dream of acquiring a landed property in a foreign country. This is especially so when the land is sold in parcels that appear to be affordable to a broader section of the population, which may otherwise find the cost of property prohibitive.
A reader, who is interested in such a purchase, wants to know if it would be safe to buy such land. This is especially so when it is in a faraway country. He would like to know the aspects that should be looked into.
Land is an asset that appreciates as a general rule, but there are exceptions. The important question that one needs to ask is whether such plots of land will appreciate in the short term.
Unless the interested individual is living in the said country or for some reason has occasion to be present there on a regular basis, he will have to rely on the company that is selling the land. He has to rely on visuals, printed material and electronic presentations on the screen. This does not always give a complete picture.
It is necessary to be cautious when purchasing such property in a foreign country. Apart from knowing the exact location, it would be prudent to be aware of all the detailed terms and conditions, and what the purchaser would be getting in reality.
An experience
A reader related his experience when he responded to one such advertisement. Of course, his experience will differ from that of others, but nevertheless it highlights the need for caution.
Upon arriving for the presentation, he was offered refreshments followed by a very encouraging conversation about how the land had appreciated. He was told he could expect the lot to appreciate by four times within four to five years.
This was followed by a power point presentation showing the beautiful landscape where the lots of land are, the name of the marketing company and other companies in its group or which are associated with it, and the companies' involvement in different activities related to development.
The reader was then told that he was required to pay an initial deposit of 10%, with the balance to be paid several days or a few weeks later when the company’s lawyers have drawn up the contract.
When a request was made to review a copy of the contract, it was not available but the potential purchaser was told that the contract was a mere “standard contract” which would be prepared by their lawyers.
Standard contract
Whilst there may be individuals who can afford to take extreme risks, it would be unwise to enter into a transaction without knowing the detailed terms and conditions which could turn out to be most unfavourable.
A purchaser should, at the time of the payment of the deposit, find out whether he would get his deposit back if the terms in the contract are not acceptable to him. It would also be relevant to know whether the deposit is to be paid to the vendor or a stakeholder.
If the objective of the purchaser is to use the land to construct a house, there should be an assurance that if the category of the land use needs to be changed and planning approvals need to be obtained, this obligation will be fulfilled. It is necessary to know the cost of such approvals.
It may be attractive to see the word “freehold” as it implies perpetual ownership. However, a land which is freehold but unconverted for use for housing or building and without the necessary planning approvals may be of much lesser value.
If, however, the land is being purchased merely for the purpose of investment in the hope that it will appreciate over the years, the returns will greatly depend on the change of category and zoning approvals that can be obtained.
In such a case, it is necessary to know what will happen at that stage. Will the purchaser have to find his own buyer or are there other options or mandatory buy-back provisions?
If so, what guarantee is there that the vendor will exercise that option and if so, what is the formula that would be used to determine the price. Unless there are adequate safeguards, the purchaser of a plot could well find himself having little say with regard to the sale or the price.
Regulation
With regard to the regulation of sale of such property, there exist provisions in the Valuers, Appraisers and Estate Agent Act 1981 when such properties are sold. This must be done through a registered estate agent.
However, section 22C(2) of the same Act provides that notwithstanding this requirement, an owner of any land, building or interest therein may sell or rent, or offer to sell or rent, such land, building and interest.
Such provisions aside, the fact remains that the rights of the purchaser will be based on the contract he entered into. Other local legislations regulating sale of land or property in the country will not protect him.
In most cases, the purchaser could be buying a piece of unconverted land or “raw land” as it is sometimes referred to. Having paid in full, he has to wait for several years before he can see any progress being made.
This is not to say that those who sell the land will not keep their part of the bargain. But over half a decade, many things can happen and a person who has put in his hard-earned money needs to protect himself and be mindful of the risks involved.
Experiencing BREATHELESSNESS
The first word for today is really "HAIX"....
can't breathe... morning till now... feel like fainting...
even going for a game of badminton will be the same...
what the hell am i going through....
haix...
Even specialist also say i'm super fit... healthy....
but why do i feel like this....
can anyone tell me...
FRUSTRATED!!!!!
Wednesday, May 20, 2009
My day in Pics @ Golf Vista Restroom
Tuesday, May 19, 2009
Malaysian Perak Politicians vs Businessmen
But yesterday the BN went a step better!!! Selling DVD's !!! Politicians dah jadi businessmen ke? Alamak... This shows our Malaysia Boleh spirit!!! I wonder will the enforcement officers close both eyes as i think that those DVD's should be classified as pirated goods....
Why double standard here??? Tebing Tinggi assemblyman Ong Boon Piow was questioned by the Cops for possessing DVD's of the Assembly but BN assemblymen can actually sell them!!!
What the hell is happening???
Ini macam punya ADUN sure lost in the next elections. Wait and see...
Articles of Law -- Limited rights
What recourse is there for an employee who finds that he has been unjustly dismissed?
ARTICLES OF LAW by BHAG SINGH
ANYONE who feels aggrieved over a wrong perceived to be done to him could seek remedy in the courts of the land. However, there are many limitations that stand in the way and the aggrieved person may end up not getting what he hoped for.
To start with, the underlying matter that gives rise to the feeling of being aggrieved must have a factual basis. In order to exert his rights and seek relief, the aggrieved party must be able to show that a wrong has been done to him and that the party against whom he is complaining, has no justification for doing so.
A person who has his employment terminated will undoubtedly feel aggrieved. But the employer may have good reasons for asking the employee to leave. If this is the case, the employee would have no remedy.
If the employee does not agree with the action taken against him, what options does he have?
Such is the case with a reader who sought help from the Malaysian Trade Union Council (MTUC) after his employment was terminated.
Not being a member of a union, he was advised to lodge a complaint with the Industrial Relations Department and to deal with the matter on his own.
Subsequently he lodged a complaint under Section 20 of the Industrial Relations Act 1967 which reads: “Where a workman, irrespective of whether he is a member of a trade union of workmen or otherwise, considers that he has been dismissed without just cause or excuse by his employer, he may make representations in writing to the Director General to be re-instated in his former employment.”
No effect
Our reader said he received a letter conveying the decision of the Human Resources Minister that it was not necessary to refer his complaint to the Industrial Court. After that, he did not receive any more letters. The reader said he has not done anything else because he is still jobless and cannot engage a lawyer.
Of course, our reader will not receive any more letters from the minister. This is because the decision not to refer the matter to the Industrial Court has already been made, so there is nothing more for the minister to say. The ball is at the complainant’s feet and he has not taken further action. Hence any right under the Industrial Relations Act 1967 that he may have had would have ceased to exist.
This is because access to the Industrial Court in such cases is only through reference by the minister. A person who is aggrieved over his dismissal cannot go direct to the Industrial Court to file a claim or pursue the matter.
If the minister declines to refer a complaint to the Industrial Court, the matter ends there unless the decision is challenged. The challenge in such a case involves commencing proceedings in the High Court to seek an order of certiorari to quash the minister’s decision and at the same time seek an order of Mandamus to direct the minister to refer the complaint to the Industrial Court.
This power of the minister has not always been used in the best of ways. Cases which should be referred to the Industrial Court have not been referred to, whereas cases which should not be referred to the Industrial Court, have been referred to the court.
Aggrieved individuals do not always have the financial strength or emotional determination to take on the combined resources of the corporate employer and the Human Resources Minister.
In any event, if the individual wants to challenge the decision, he has to initiate proceedings not later than six weeks from the date of the decision, unless an extension of time is obtained. If this is not done, the right to go to the Industrial Court is lost forever.
The other option
Of course, the other option is to go to the civil courts such as the Magistrate Court, Session’s Court or High Court. But given the present jurisdiction of the courts, such a resort is most unlikely. Unlike relief in the Industrial Court which requires initiation of the complaint within two months, the civil courts allow a much longer time to seek relief.
However, the civil law courts will not usually order an employer to reinstate the employee. This is because re-instatement would constitute “specific performance.” Leaving aside employees in government service where the situation is different, the courts are traditionally not inclined to order specific performance of a contract where personal services are involved.
Thus in the common law courts, the employee may only get compensation on the basis of notice that ought to have been given and was not given, or salary in lieu of notice not paid. It is unlikely that the person will get any other form of compensation.
What if the Contract of Employment does not state that notice is required to be given for termination of contract? Does this mean that the employee will not have any right to notice or compensation in lieu of notice?
The absence of a stipulation in a Contract of Employment for notice to be given for termination does not mean that no notice need to be given at all. When such a situation arises, the court will consider and decide what is a reasonable notice that ought to have been given in the circumstances.
In deciding what is a reasonable notice to be given, the court will examine the surrounding circumstances to see what kind of notice is ordinarily given to a person holding such a position in a similar industry.
This is then used as a measure to decide on the notice period that ought to have been given. Based on this period, the court will order the employer to pay compensation if it is found that the termination is wrongful or without justification.
A complaint can also be made under the Employment Act 1955, though this will not lead to the individual getting his job back. However, the complainant must come within the scope of the Employment Act 1955 to seek such relief.
What the complainant may get, if the situation warrants, are any payments payable but not paid or the payment of termination benefits where applicable. But he will not get his job back.
All said, it is not a completely hopeless situation for someone who finds that he has been unjustly dismissed. He can still approach various organisations that provide legal aid. And there are also many lawyers who do pro bono work without any publicity.
Articles of Law --- Seditious statements
ARTICLES OF LAW
By BHAG SINGH
It is generally accepted that it is seditious to question any of the sensitive issues. What needs to be appreciated is what is meant by ‘to question’.
SEDITION as a subject was hardly talked about until the 1970s and 80s and then receded into the background until recently, when it again started receiving a considerable measure of attention.
According to some writers on English Law, the first definite instance found of a law relating to quasi sedition offences was a provision in the First Statute of Westminster passed in the year 1275 which provided a penalty for the publishing of false news or tales “whereby discord may grow between the King and his people” or “the great men of the realm”.
However, control of the affairs of the nation gradually devolved upon elected representatives of the people – Parliamentary Government by means of a Ministry nominally the King’s servant but really representing the majority party in the House of Commons. Thereafter, laws of sedition came in the 18th century to constitute “any written censure upon public men for their conduct as such or upon the law or upon the institutions of the country and to take care of public disturbances which had certain tendencies”.
Generally, the English Law on the subject may be encapsulated in the words of Fitzgerald J. in Reg v. Sullivan:
“Sedition has been described as disloyalty in action, and the law considers as sedition all those practices which have for their object to excite discontent or disaffection, to create public disturbances or to lead to civil war, to bring into hatred or contempt the sovereign and government, the laws or the constitution of the realm and generally all endeavours to promote public disorder.”
Our legislation
Our own law, though deriving its origins from English Common Law, is based on the Sedition Act 1948 which was earlier promulgated as the Sedition Ordinance 1948 in Malaya and extended to Sabah and Sarawak in 1964. It is seditious where what is said or done has a seditious tendency.
This is so when the words or acts have the effect of bringing into hatred or contempt or to excite disaffection against any Ruler or against any Government or to excite the subjects of any Ruler or the inhabitants of any territory governed by any Government to attempt to procure in the territory of the Ruler or governed by the Government, the alteration, otherwise than by lawful means, of any matter as by law established.
Otherwise, it is seditious if it is to bring into hatred or contempt or to excite disaffection against the administration of justice in Malaysia or in any State or to raise discontent or disaffection amongst the subjects of the Yang di-Pertuan Agong or of the Ruler of any State or amongst the inhabitants of Malaysia or of any State. So, too, if it is to promote feelings of ill will and hostility between different races or classes of the population of Malaysia.
Finally, it is sedition to question any matter, right, status, position, privilege, sovereignty or prerogative established or protected by the provisions of Part III of the Federal Constitution or Article 152, 153 or 181 of the Federal Constitution. This reference to seditious tendency was incorporated by a 1970 Amendment as Section 3(1)(f).
The preceding provision makes it seditious to just question any of the matters stated. But what is meant by “to question”?
Local decisions
Statements made by a Member of Parliament came for adjudication before the Court in Public Prosecutor v. Mark Koding 25 years ago. The issue in that case was whether Article 152 of the Federal Constitution, which is one of the sensitive issues, had been questioned.
In a speech in Parliament, Koding had argued for disallowing the continuation of Chinese and Tamil schools and suggested that the schools be closed. He also asked for the cessation of the use of road signs in those languages. He went on to say that if Article 152 stood in the way then the Constitution ought to be amended.
In the days that followed, he was promptly charged for touching on a sensitive issue and what arose for consideration before the Court was whether he had questioned one of the sensitive issues as stipulated in Section 3(1)(f) in the Sedition Act 1948.
Ten years earlier, a similar assertion had been made, though not in Parliament. Utusan Melayu had published an article entitled, “Hapuskan sekolah-sekolah beraliran Tamil atau Cina di negeri ini”.
It was a report of a talk given by an MP, a then prominent Malay leader, at the National Education Congress in Kuala Lumpur. He, however, did not concede that what he said at the Congress was the message conveyed by the headline of the newspaper report.
In the result, the sub-editor who had decided on and inserted the heading, was convicted, with the heading held to be seditious within the meaning of section 3(1)(f). Ong CJ, who heard the appeal, said that the result and effect of the 1970 amendments made in the 1948 Act could be said to widen the definition of “seditious tendency” by making virtually taboo any topic of public discussion calling into question the provisions of Part III or Articles 152, 153 and 181 of the Federal Constitution.
This case led to the perception that to make such statements was seditious Koding would no doubt have been aware of the view of the law when he made the statements but he presumably did so in the belief that he would be immune to prosecution because he was speaking in Parliament.
However, the court took the view that advocating the closure of Tamil or Chinese schools was not in itself seditious in the context of Article 152 of the Federal Constitution.
Mohd Azmi J. had the strictly legal point of view when he acknowledged that “whether or not such closure is advisable or feasible is another matter to be decided elsewhere and not in this court. There is nothing unlawful in allowing Chinese or Tamil schools to continue”.
The Court decided that there had nevertheless been a breach of section 3(1)(f) by suggesting the amendment to the Constitution to allow the abolition or closure of such schools, and for the discontinuance of the use of the languages on road signs.
It is a basic principle that the eventual decision in a case depends on the specific facts that are before the court when a decision has to be made. This is even more so when it comes to sedition.
As stated in a study on the Law of Sedition in India, the dimension of freedom of speech as a right is not rigid but a variable one depending upon time, place and circumstances. The extent of the right depends, amongst others, on the following factors: the political situation of the times; the economic prosperity of the society; the audience to which the speech is addressed or amongst whom the writing is circulated; extent of tolerance developed by the people, and the police force available to the State.
It will not be out of place to say that when touching on sensitive issues, it may not be a matter of strict legal interpretation alone. Given that social, cultural and other sensitivities are involved, there is a definite need to exercise a broader kind of wisdom.
Friday, May 15, 2009
Simple Majority and 2/3 Majority
Who asked me to study form 6? I don't know but at least i can differenciate something between a SIMPLE MAJORITY and a 2/3 MAJORITY. To enable or to "force" our beloved DS Nizar to resign or step down, yes, the first step is to pass a motion of no confidence. You are sure you got the MAJORITY BN???
In my Form 6 Pengajian Am book, it is clearly stated that even if a motion of no confidence is passed, it has to be accompanied by a 2/3 majority. That means BN must BUY another 9 ADUN to be successful.
Shame on you leaders lah. 2/3 and simple majority also don't know. Why are you so scared of elections? If i were you i will rather face it now rather than waiting for the 13th General Election. The results in 2013 will be PR 59 - BN 0. See see... HEE HEE....
Go convene you so called emergency meeting lah. Pass a motion of no confidence will your haram indian speaker. Then bring the case to COURT and say " we have the majority". But this time Justice Abdul Aziz Rahim will be granted leave by the government. If not.... You know the answer...
Then confuse the people say no need 2/3 majority geh... simple majority enough liao... HEE HEE...
I'm laughing my way to the bank... To save money... HEE HEE....
Monday, May 11, 2009
What the Hell??? Malaysia in Bolehland!!!
I wonder is that court order of grant of stay of execution valid. The Star quoted that the Federal Court referred the case back to the High Court as it involves the State Constitution. Does that means the HIGH COURT is the HIGHEST RULING COURT for this case? Anyone agrees? It means that all appeals should be rejected.
Even the papers, National newspapers refer Zambry as MB and Nizar as ex-MB... You got brain or not? Illegitimate MB and legitimate MB are different you know? Opps... Maybe you people can't differentiate illegitimate and legitimate, lawful and unlawful, halal and haram. I feel sad for those journalists.
What the hell of Kangaroo Court is this??? Appeals and Federal court have no integrity compared to the High Court. I may be a noob in all these cases...
You know what??? Study form 6!!! Pengajian Am states that Court of Appeal cases must be decided by a panel of odd number judges. But in this case there was only a single judge. I wonder what are we learning in PA???
Just study to get an A? no!!! We must apply what we study. So, the judiciary peoples trying to fool school students by fielding a single judge for Court of Appeal cases??
MPM might as well drop the subject!!! Cakap tak serupa bikin and as for us students baca tak serupa benar.
Raja Nazrin agrees to meet Nizar
KUALA LUMPUR, May 11 – The Regent of Perak Raja Nazrin Shah has agreed to see Datuk Seri Nizar Jamaluddin, who was today declared the legitimate mentri besar of Perak by a Kuala Lumpur High Court.
Nizar will meet the Regent at 8.30am tomorrow to ask for the dissolution of the Perak state legislative assembly to pave the way for a fresh state election, according to several Pakatan Rakyat (PR) leaders including Sungkai assemblyman S. A. Sivanesan.
“I just talked with Nizar and he confirmed to me that he has secured an audience with the Regent at 8.30am,” Sivanesan told The Malaysian Insider.
“Nizar will request for dissolution of the legislature for a fresh election,” Sivanesan said adding he hoped the request is not rejected. “Nizar has the legitimate right now that he is the legitimate mentri besar to request for dissolution.”
Sultan Azlan Shah, PR leaders said, is in the United States.
PR assemblymen are also meeting from 11pm tonight to strategise their plans for Tuesday even as the Barisan Nasional (BN) rush to court on tomorrow to set aside the declaration that Nizar is the rightful mentri besar.
Tomorrow is set to be a climatic day with the royal audience, BN rushing to court and Nizar trying to enter his office with police already surrounding the state secretariat building since 4pm today.
Justice Abdul Aziz Rahim declared today that a mentri besar can only be removed by a vote of confidence on the floor of the state assembly.
At last! A clear way out for Perak unless …
By Wong Choon Mei [Updated]
At last! Light begins to return to Perak after three months of un-paralleled darkness, infamy and shame as Prime Minister Najib Razak and his Umno-BN coalition tried to force their coup d’etat of the Pakatan Rakyat state government down the peoples’ throats.
Now that the much-anticipated High Court ruling is out of the way, political watchers and civil society leaders say there is no excuse for Najib to further delay doing the right thing by the Perak people.
The same with the Sultan.
Justice Abdul Aziz Abd Rahim ruled on Monday that Pakatan leader Nizar Jamaluddin was still the legitimate and rightful chief minister of the state, and not Umno’s Zambry Kadir.
A jubilant Nizar has already left for his home state to seek an audience with Sultan Azlan.
He will surely request for the dissolution of the state assembly that the Pakatan leadership has promised to deliver to the people of Perak.
——————————————————-
Suara Keadilan appends below the reactions to the court ruling and its impact to Perak and the rest of the country:
Ragunath Kesavan, Bar Council president
Our view has all along been that the Sultan has the power to appoint, not to remove. The only way for Nizar to be removed was if there had been a vote of no-confidence in him undertaken by the state assembly or if he had resigned.
As with anyone else, the Umno-BN has the right to appeal, whether or not they have a case. But the solution for this crisis does not lie with the courts as the Bar Council has been saying all along.
The solution lies with the people. They are the ones to decide and we would advise Prime Minister Najib Razak and his coalition to accept this reality.
There is also no reason for the Sultan not to see Nizar now. Nizar is the Menteri Besar not Zambry. There is no reason not to grant Nizar an audience or to not recognise him.
With this decision, Nizar has not stopped being Menteri Besar for a single day. All subsequent decisions including the May 7 sitting are invalid. Everything goes back to status quo and that means, Zambry was never Menteri Besar and all subsequents events are null and void.
Anwar Ibrahim, Opposition Leader
This is a victory for the people and also for the system of democracy in our country. We urge PAS leader Nizar Jamaluddin to immediately resume his duties as Menteri Besar, Perak.
Today’s decision proves that the Constitution is the highest law in our country. It is therefore crucial for all government institutions to respect the spirit that is enshrined in the Constitution and the laws it contains.
To end the crisis in Perak, Pakatan Rakyat will seek a dissolution of the Perak state assembly with immediate effect.
This will allow the rakyat to re-determine the state government that they want and trust through fresh election. We are confident that the people will choose wisely for their future and the future of the nation.
Ramon Navaratnam, ex-president of Transparency International
This is a good chance, perhaps even the last, for Najib to regain some credibility. He should no longer thwart their wishes but accept with good grace and humility the court’s decision today. If Nizar calls for fresh election, Najib must not oppose or stand in his way.
Only then, will our sixth prime minister have a chance to claw back from the darkness that has surrounded Perak. If he behaves honourably, there is still chance for him to learn his lesson and turn defeat into victory.
Azrul Azwa, economist Bank Islam
This court ruling sheds a light at the end of the tunnel for our friends in Perak and even for us - the country as whole. At the end of the day, the decision must go back to the people. Let them decide, it is their state and their leaders.
You see, when the people are confident, investors will also be confident. I hope the the powers-that-be will not drag out the matter. Investor confidence in our system, our judiciary and the independence of our judges, has worn so thin the past months. Today’s ruling will help to repair some of that damage. But it is still very fragile.
Lee Boon Chye, MP for Gopeng
The ruling means that all subsequent events after Zambry’s appointment including the May 7 assembly are illegal as his appointment was illegal. There won’t be greater chaos there already is. In fact, there is now a very, very bright light at the end of the tunnel unless the Prime Minister Najib and the Sultan refuses to accept the court’s decision.
But there is really no constitutional reason for Sultan Azlan not to see Nizar now.
Tian Chua, Keadilan strategic affairs director
Hidup rakyat Perak! Nizar MB sah. Let us now pray that the PM will honour the court’s decision and not throw in obstacles at all costs to block Nizar’s return. We also hope that the Sultan will recognise the ruling and more importantly the wishes of his subjects.
Election-scared Najib to appeal Nizar ruling on Tues
By Wong Choon Mei
Malaysia’s scandal-hit Prime Minister Najib Razak said the Umno-BN would appeal a High Court ruling that declared Pakatan Rakyat leader Nizar Jamaluddin as the rightful Mentri Besar of Perak, invalidating coup d’etat he hatched in February.
Najib, whose power grab led his coalition to power in Perak, said the appeal would be filed on Tuesday.
Having lost four of the past five by-elections, Najib is widely expected to use all ways and means - including the underhanded and foul - to cling to power as his Umno-BN is unlikely to win by clean and fair election.
And even as the increasingly unpopular PM called for calm, the people of Perak and across the entire nation were celebrating the latest decision by Justice Abdul Aziz Abd Rahim, an indication of how much out of sync Najib has become with his countrymen.
Meanwhile, Opposition Leader Anwar Ibrahim hailed the court decision as a victory for the people and promised that the Pakatan would honour its pledge to return the mandate to the people and call for fresh election.
Already Nizar has sought an audience with Sultan Azlan on Tuesday morning with the aim of seeking a dissolution of the state assembly.
Said Anwar: “This is a victory for the people and also for the system of democracy in our country. Today’s decision proves that the Constitution is the highest law in our country. It is therefore crucial for all government institutions to respect the spirit that is enshrined in the Constitution and the laws it contains.
To end the crisis in Perak, Pakatan Rakyat will seek a dissolution of the Perak state assembly with immediate effect. This will allow the rakyat to re-determine the state government that they want and trust through fresh election. We are confident that the people will choose wisely for their future and the future of the nation.”
Decisions by Zambry administration will not be invalidated but to be subjected to review
Meanwhile, Nizar said that all previous decisions made by Zambry Kadir, the BN Menteri Besar that Najib persuaded the Sultan to appoint, would be subject to review but not automatically invalidated. The exception was the widely-condemned May 7 state assembly sitting.
Nizar also suspended the state legal adviser Ahmad Kamal Md Shahid, who played a treacherous role in the toppling of Nizar’s administration, with immediate effect.
Meanwhile, as Nizar was speeding back to Ipoh to resume his duties, Zambry was driving down to Kuala Lumpur to see his boss, Najib.
Zambry’s aide, Khairul Azwan Harun, told the media in Ipoh that Perak Barisan Nasional will respect the court order and vacate their offices at the state secretariat building immediately. However, he refused to allow the press to stay to see if the BN would really keep its word.
Meanwhile, several truckloads of Federal Reserve Unit personnel arrived to cordon off the Perak Darul Ridwan building.
“Our presence is to maintain law and order,” said CPO Deputy Comm Zulkifli Abdullah. “We will not allow any illegal assembly or procession by either party.”
It remains to be seen if the Perak police will truly carry out their duties with neutrality. Like the state secretary and the assembly secretary, the state police and even a judicial commissioner at the Ipoh courthouse had been persuaded to blatantly favour the Umno-BN at the expense of law and justice.
Hidup rakyat Perak! Nizar is the rightful MB
By Wong Choon Mei [Updated]
The KL High Court has ruled in favour of Pakatan Rakyat Menteri Besar Nizar Jamaluddin in the lawsuit he filed against Umno leader Zambry Kadir for wrongfully and illegally usurping his position as chief minister of Perak after a coup d’etat orchestrated by Prime Minister Najib Razak three months ago.
“The High Court’s decision is that Nizar is still the rightful Menteri Besar based on the Constitution. Nizar never faced a vote of no-confidence by the state assembly,” said Justice Abdul Aziz Abd Rahim who delivered the judgment.
His verdict has sparked a tidal wave of cheers and jubilation across the northwestern state and indeed the rest of the country. For three long and painful months, both Perakians and Malaysians have suffered as Najib’s Umno-BN refused to respect the wishes of the Perak people for fresh election.
In their bid to cling to power, they dragged the reputation of the country through mud with relentless abuse of the federal apparatus - the police, the civil service and the even the courts - as they bulldozed their way through.
Said Tian Chua, Keadilan strategic affairs director: “Hidup rakyat Perak! Nizar MB sah. Let us now pray that the PM will honour the court’s decision and not throw in obstacles at all costs to block Nizar’s return. We also hope that the Sultan will recognise the ruling and more importantly the wishes of his subjects.”
Said Lee Boon Chye, MP for Gopeng: “The ruling means that all subsequent events after Zambry’s appointment including the May 7 assembly are illegal as his appointment was illegal. There won’t be greater chaos there already is. In fact, there is now a very, very bright light at the end of the tunnel unless the Prime Minister Najib and the Sultan refuses to accept the court’s decision.”
Said Ramon Navaratnam, ex-president of Transparency International: “This is a good chance, perhaps even the last, for Najib to regain some credibility. He should no longer thwart their wishes but accept with good grace and humility the court’s decision today. If Nizar calls for fresh election, Najib must not oppose or stand in his way.
“Only then, will our sixth prime minister have a chance to claw back from the darkness that has surrounded Perak. If he behaves honourably, there is still chance for him to learn his lesson and turn defeat into victory.
Even AG conceded that Sultan could not sack or dismiss Nizar
On Feb 13, Nizar had filed for a judicial review application and sought a declaration that he is the rightful MB. He also wanted the court to declare that the Feb 6 appointment of Zambry by the Sultan of Perak was unconstitutional.
His counsel argued that on Feb 4, Nizar he had sought an audience with the Sultan to dissolve the 59-seat Perak state assembly, which was deadlocked with the Pakatan Rakyat and Umno-BN having 28 seats each.
The status of three former Pakatan assemblymen were in question at that point in time as the Speaker of the assembly had ruled that they had resigned and their seats vacated.
Nizar also wanted the Sultan to give the voters the opportunity to elect a new government to bring about political stability. He advised the Sultan to dissolve the assembly, which is withing his right as the reigning MB under Article 36(2) of the Perak constitution.
Nizar’s lead counsel Sulaiman Abdullah also that a Menteri Besar or Chief Minister of a state could not be dismissed from office as the head of government does not hold office at the pleasure of the Head of State or the Sultan.
He said the Menteri Besar or Chief Minister could be removed only through a vote of no confidence in the state assembly. He cited the principle outlined in the case of Stephen Kalong Ningkan -v- Tun Abang Haji Openg where the High Court said the test whether a Chief Minister had ceased to command the confidence of the majority was in the House, not outside of it.
In Nizar’s case, Sulaiman said he did not go through such process to warrant a resignation. Nizar could first advise the Sultan to dissolve the House after losing a confidence vote. If the Sultan used his discretion not to dissolve the House, only then Nizar has to tender his resignation together with his executive councillors.
What Zambry had contended
Whereas Zambry’s case, supported by an affidavit affirmed by State Legal Adviser Datuk Ahmad Kamal Md Shahid, was based on the notion that the Sultan refused Nizar’s request for dissolution on grounds that Nizar had lost the confidence of the majority assemblymen.
Ahmad Kamal claimed Nizar had invoked Article 16(6) of the State Constitution.
Attorney-General Abdul Gani Patail, who acted as intervener, submitted that Nizar had lost the majority, from 31 to 28 and as such no longer commanded the confidence of the majority.
He said the Sultan had conducted his own enquiry like interviewing the 31 assemblymen, including the three who crossed over, to come to a conclusion.
Abdul Gani conceded that Nizar could not be sacked or dismissed but he is deemed to have resigned once the political numbers were against him. He said the Sultan, a former Lord President, acted in accordance with the Constitution or else he would have abdicated his duty.
Zambry’s counsel, Cecil Abraham went one step further, saying it was not the Sultan who dismissed Nizar but the constitution itself. There was a provision that provides for Nizar’s position to be vacated, he said.
Nizar is rightful MB: High Court
KUALA LUMPUR: The High Court here ruled rule on Monday that Datuk Seri Mohammad Nizar Jamaluddin is the rightful Perak Mentri Besar, and not Barisan Nasional’s Datuk Seri Dr Zambry Abdul Kadir.
In an immediate response, Zambry said he would apply for a stay pending appeal. This was rejected by the court.
Nizar left the courtroom immediately after a press conference to travel to Ipoh where he will seek an audience with the Sultan of Perak, Sultan Azlan Shah, to get his consent to dissolve the Assembly and call for fresh state elections.
In his ruling Monday, Justice Abdul Aziz Abd Rahim said that a new mentri besar could not be appointed as the office had not been vacated.
He said a mentri besar can only be dismissed by a vote of no confidence, and upheld the Stephen Kalong Ningkan ruling.
He noted that the Perak State Legislative did not hold a vote of no confidence.
In 1966, Sarawak Chief Minister Datuk Stephen Kalong Ningkan was ousted when the state governor showed him a letter of no confidence issued by 21 out of 42 legislators and asked Ningkan to resign.
Ningkan refused, saying the letters were not tantamount to a vote of no confidence in the state legislative assembly. He was sacked by the governor but eventually reinstated by the Borneo High Court, which saw the necessity of a formal vote of no confidence.
According to the Nutgraph, the judge ruled ruled that the governor can only dismiss the chief minister when both these conditions are satisfied:
(a) The chief minister has lost the confidence of the House, and
(b) The chief minister has refused to resign and failed to advise a dissolution.
Nizar had filed for a judicial review on Feb 13, seeking a declaration that he is the rightful mentri besar of Perak and an injunction to bar Dr Zambry from discharging his duties as the mentri besar.
On March 6, Justice Lau Bee Lan had ruled that there were constitutional issues involving the interpretation of Article 16 (6) of the Perak Constitution and later referred four consitutional questions to the Federal Court for determination.
However, on March 23, the Federal Court ruled that the case of who the rightful mentri besar is should be heard by the High Court.
Nizar’s lead counsel Sulaiman Abdullah, in wrapping up his submissions last week, said the Constitution was the “genius of the Malaysian people”, adding that the court had a duty to uphold it. Over the last few days, he had submitted that the Sultan, while granted powers in the Perak Constitution to appoint a mentri besar, could not dismiss him.
The only way Nizar could be dismissed, he said, was through a vote of no-confidence in the House.
He also said that a mentri besar could request for the State Assembly to be dissolved in the middle of a term without losing the confidence of the majority of the House.
Dr Zambry’s lawyer Datuk Cecil Abraham, however, argued that Nizar went by Article 16(6) of the Perak Constitution when he sought an audience with the Sultan – this article specifically provides for the mentri besar to request for a dissolution when he has lost the confidence of the majority in the House.
Under the article, Nizar is required to tender the resignation of his executive councillors when his request was rejected, he said.
Sunday, May 10, 2009
Trend of Malaysians, just like a dog with chains on
Have you heard of KPI ( Key Performance Index ) ? I'm sure that the first time you hear this was when Tan Sri Koh Tsu Koon was appointed as senator to enable him become a minister in the cabinet. I forgot what portfolio he was given in the PM's department.
KPI is now a popular and hot word among Malaysians. Ministry are to be given KPI index and government agencies too. But something that is proving Malaysians looking like dogs are, EVEN SUNDRY SHOPS WANNA ADOPT THE KPI.
This is the trend among Malaysians. Any more examples? Yes there are!!!
The ongoing Sudirman Cup in China is an example. When Malaysians watch our team playing they will be VERY INTERESTED to take up the sport. Badminton!!! Now Nicol David is top of the WISPA ranking, many people wanna take up squash!!! What's this???
And something happening in the future... The 2010 South African FIFA World Cup... Many of us will then venture in football without any objective of achieve anything... HAHAHA~~~ And this is Malaysian Mentality!!! Tak boleh tukar punya!!!
My dad is thinking of adopting the KPI for our house too!!! Hehe~~~ Laughing stock Malaysians... Never grow up... Not criticising him here... Do not be mistaken
~~~ 11th May 2009 ~~~
I may have to go for a tonsil surgery
Went to many doctors and specialists... recently did a ECG, heart scan and x-ray... The specialist gave me all clear... but the truth is, i still have this problem... Makes me hard to breath... i can't even concentrate on doing homeworks... Sigh........
then Christine raised the matter to me that she underwent a tonsil surgery last time... with similar breathing problems... i googled "tonsil" and in some rare cases, death can occur during surgery...
Actually the tonsil is more a liability than an asset... similar to the appendix...
Should i or should i not go for it?
Wednesday, May 6, 2009
Forming a word train
By LUCILLE DASS
FILL in the spaces with letters to form the 18 words as defined by the clues provided. The last letter of each word forms the first letter of the next word. Each letter is used only once in the initial position.
Example: To attack someone in a public place and steal from them (verb): m u g
1. To control or direct the running of a country or a group of people (verb): g - - - - -
2. To discuss in order to reach an agreement (verb): - - - - - - - - -
3. To authorise or give freedom to do something (verb): - - - - - - -
4. Not cooked (adjective): - - -
5. An official document that permits a search or an arrest (noun): - - - - - - -
6. A general development/direction of behaviour or style (noun): - - - - -
7. Feeling sleepy (adjective): - - - - - -
8. To scream or cry out loudly (verb): - - - -
9. To pass the tongue over something (verb): - - - -
10. A round handle — of a door or drawer (noun): - - - -
11. To make someone believe only what you want them to believe (verb): - - - - - - - - -
12. Very funny (adjective): - - - - - - - - -
13. Peculiar to or characteristic of something (adjective): - - - - - - - -
14. To cut or trim (verb): - - - -
15. A remedy for all ills (noun): - - - - - - -
16. The fact or claim that an accused was elsewhere than at the scene of the crime (noun): - - - - -
17. An article or a separate thing (noun): - - - -
18. To cut down, for example, grass (verb): - - -
Answers
1. govern
2. negotiate
3. empower
4. raw
5. warrant
6. trend
7. drowsy
8. yell
9. lick
10. knob
11. brainwash
12. hilarious
13. specific
14. clip
15. panacea
16. alibi
17. item
18. mow
Very disappointed with PDRM(Polis Diraja Malaysia)
As a former police cadet in secondary school, i once wanted to be a policeman with the hope of making Malaysia a much safer place. However they have disappointed me. Arresting citizens which are harmless and closing one eye on robbers, rapists, Ah Longs and the Mat Rempits.
It is such a disgrace that we have such unproffesional police in the country. Two women have died while attacked by snatch thiefs but where were the police then??? Sleeping???
What is happening to the police force??? Where are the police in the class of Datuk Seri Yuen Yuet Leng and former CID Director Datuk Christhopher Wan Soo Kee??? Dah hapus ke???
Can't blame you all... Do you police personnel still remember the police song???
Monday, May 4, 2009
Should we write when our "VIEWS" are misjudged as "THREATS"
Lets say, for example, we express our view in the form of blogging or writing to the editors. It's our freedom of speech as stated in Article 10(1) of the Federal Constitution.
Article 10. Freedom of speech, assembly and association.
(1) Subject to Clauses (2), (3) and (4) -
(a) | every citizen has the right to freedom of speech and expression; |
(b) | all citizens have the right to assemble peaceably and without arms; |
(c) | all citizens have the right to form associations. |
But every now and then, when we express our views, in this case sincere views, certain parties especially those in power interpret our "VIEWS" as "THREATS" . They use the ISA to detain innocent Malaysians but suprisingly an Al-Qaeda undercover was working in Pahang without anyone detaining him. What a nation are we?
The statement by Datin Paduka Chew Mei Fun that the ISA (Internal Security Act) be replaced with an Anti-Terrorism act should be seriously considered by the government to prevent abusing by certain parties. Today i rarely write because i fear the Home Ministry will come knocking on my door and say they want to bring me into "PROTECTION" in Kamunting!!!
I just wonder how can Malaysia admit she is 52 years old when we do not have any freedom of speech, assembly and association. Maybe we are even worse than Zimbabwe, Malawi and so on...
So, do you think i should still blog and contribute letters to the editor? I do this all because i still consider myself as a patriotic RAKYAT MALAYSIA yang mempunyai kawan berbilang kaum.
Let's learn a simple greeting today... Good Morning (English), Selamat Pagi (Bahasa Melayu), Zao An (Chinese), Kalei Vanakam (Tamil).....
That's all for today!!!
signing out.....
~~~~~5th May 2009~~~~~
Sony "NOOB" VAIO VGN-NS25G/S
I was wondering whether SONY sold a defective product to me. It isn't cheap you know??? RM2799!!! The performance of the VAIO is worse than my mom's laptop of the same specifications.
I'm not stupid. I know computer very well. so what do you want me to do now?
I can think of 2 ways to solve this problem. firstly, a total refund of the RM2799 and i return the stupid defective notebook to you. or, replace my existing notebook with a brand new one. My notebook is barely a month old, and i'm furthering my studies soon.
It's an urgent matter and a hope for an early reply.
Sunday, May 3, 2009
Malaysia's 'McCurry' celebrates win over McDonald's
A small Malaysian restaurant is once again proudly trading as "McCurry", after its unlikely victory in an eight-year legal battle with US fast food giant McDonald's.
With its trays of fragrant tandoori chicken and fish masala, and customers at formica tables cooled by fans turning lazily overhead, the business is difficult to confuse with McDonald's and its racks of burgers.
"You can't have fries with that but we do have a very good potato curry," owner AMSP. Suppiah, 55, says with a laugh.
But Suppiah and his wife Kanageswary spent eight years battling in the courts for the right to retain the name of the business, pursued by McDonald's lawyers who forced them to operate as "M Curry" for several years.
"We were surprised that a giant like McDonald's would want to take action against us even though there was nothing in common between us and them," Suppiah said.
"We decided to appeal because we felt we were right and the court of appeal agreed with us this week," he said after a Malaysian court ruled the business had not infringed on the McDonald's trademark by using the prefix "Mc".
To the delight of the local press which has covered the landmark case closely, Suppiah then took a tall ladder to climb to the brightly coloured signboard and reinstate the controversial "c".
Tucking into a breakfast of "dosai" or Indian pancakes, Suppiah says he never expected to win the battle against the international food giant.
"There were times when we almost gave up hope because who would have imagined that we could win against such a big company with so much money and resources at their disposal," he said.
The mom and pop operation is one of numerous simple restaurants serving up Indian fare in this multicultural country, which is dominated by Muslim Malays but also home to ethnic Indian and Chinese communities.
Suppiah, a former accountant, says his troubles began when he set up the restaurant in 1999, shortening the name Malaysian Chicken Curry Restaurant to the McCurry restaurant.
"But within a year, I began receiving letters from McDonald's urging me to change the name and threatening legal action."
Unable to resolve the impasse, McDonald's sued Suppiah and a Malaysian High Court agreed with the hamburger chain in 2006, forcing Suppiah to remove the prefix from his signs and business.
Kanageswary says she is thrilled with the legal U-turn, but adds the victory has come at a cost.
"We faced a lot of mental anguish and embarrassment over the issue and for eight years our business has been in limbo because no one wants to invest in a company facing litigation and so we have not been able to make any improvements to the restaurant," she said.
"Hopefully, we can move on now."
However, the Suppiahs' lawyer Sri Dev Nair thinks McDonald's will not give up so easily.
"The case has shown that McDonald's want to control the monopoly over the use of the prefix 'Mc' and it has a lot of money to be able to do this so many small restaurants just give in to them," he said.
"We expect them to challenge the ruling and we will be prepared to face them in court."
The US corporation can apply to have the case reviewed in the Federal Court, which is the court of last resort on the matter.
Suppiah says he does not hold any grudges.
"My children like eating at McDonald's so I will continue going there and I would like to invite the president of McDonald's worldwide to come here to McCurry's and have a dosai, on the house -- but we can't supersize it."
ABORTION = HELL = MURDER
Your Baby Girl