Thursday, May 21, 2009

What is law? (Part 1)

What is law? A question easy to be asked yet hard to be answered. Many of my friends have asked me about that. Non-stop. Some say there is no law in Malaysia (rather exaggerating, I think), some say lawyers' future is bleak, some even say lawyers are crooks, including my best friend (influenced by dramas and movies in Hong Kong and Hollywood, which mostly demonstrate the cunning side of a lawyer). Some other objective people ask what is the law in Malaysia, and some wiser men ask What Is Law (I regard them wise because even the wisest man on the Earth can't answer it accurately, so it's quite a high-standard question). An average law student or lawyer may spring up instantaneously from the chair and proudly showcase their so-called true colour as a law student or lawyer, by aggressively arguing their special status, privilege, and bla bla bla holy thingie, simply to show their 'trained' sharp tongue. But that is not what people are concerned with. The more they argue that way, the more people are losing trust in lawyers, judges, and even justice system as a whole. 

Obviously, the 1st three comments are largely attributed to the negative image of the state of law in the eyes of many Malaysians. We can't blame them, because justice is not just the system to govern people's life, but a system which people depend on to take care of their rights, to take things that they deserve, and most importantly to uphold what a reasonable man believes to be right, whereby Court plays the role as the ruler to measure the standard of the rightfulness of a matter or a man's conduct. Law always co-exists with the trust people impose upon it. Law is born when people compromise on their absolute freedom in life to serve the larger interest of an orderly arranged society governed by law and order. In other words, it is the people who trust the need of Law in life that gives it the mandate to govern them. It is the people who choose to be governed by law that renders Law holy and formidable. BUT law or rather justice in Malaysia seems not working that way anymore. 5 young Legal Aid lawyers could be arrested when they were performing their duty of meeting clients in police station, on the ground that there was an illegal assembly. What the hell is going on in Malaysia?? How can people harbour the little hope of being protected by Law? 

However, no worry, friends. You know law resembles what?? Penis. Yup, there is nothing wrong with your eyes. You did not read it mistakenly. Law is just like a penis, the weapon which most men are proud of. Penis is so formidable when its owner is still on his peak, in terms of energy, age and biological youthfulness. It can stand so strongly in front of a young lady, just like how firmly Law stands in the way of the Evil of humans in society. But what if its owner grows older and logically it can't 'stand' on its own anymore?? Naturally enough, men think of viagra at this moment. Appropriate dose saves guy's dick, but overdosage may destroy it and even its withering owner as well. But still, as I said, reasonable dosage of viagra saves old guy's weapon. The same way goes to Law. It won't be bent forever. As long as people dare and have the political will to revive Law, it can still stand straight like a revived penis. There can be many types of viagra to revive Law. Law students, study your law properly. Lawyers, practise law with conscience. Judges, please answer the common question properly before you are appointed---What is law??? When Malaysian judges deep in their souls, know for what the law serves, there is a higher chance that they can become good judges, and thus revive the withering Law.  

............to be continued

Wednesday, May 13, 2009

Shameful Judiciary

A single-judge Court of Appeal  to preside over the stay of execution on the KL High Court ruling that declared Nizar as the Perak rightful MB? Are you kidding any Malaysian with 'sound' mind? Can such a constitutional legal issue with severe political and social gravity be settled by a legal brain, not to mention the single-judge's intelligence at the first place? Even a revived Lord Denning who has been widely recognized as one of the most brilliant Law Lords in common law history can never sit as a single judge in Court of Appeal!!! Why? Because justice must be seen to be done, not just merely be done! Anything may screw up in the hands of an absolute power or authority. 

No need to mention, the so-called 'Court of Appeal' has allowed the stay of execution on KL High Court ruling. The worst thing was that, the sole presiding judge in the Court of Appeal was one of the most junior among the judges in the appellate court. Again, a big joke. And the ruling was of course, in favour of the BN. Malaysians see this, Pak Cik BN. You gonna lose the entire country if you keep on interrupting the function of Judiciary Machine. Shame!

A must-see article closely linked to this matter can be read on http://art-harun.blogspot.com/2009/05/what-are-you-staying.html
Another masterstroke by the Malaysian legal eagle which crystallizes the essence of the stay of execution in this instance. A DECLARATION can never be stayed. There is a judicial precedent that emcompasses this principle. Good job, Art-Harun. Nizar, buck up.

Tuesday, May 12, 2009

Well done, high court!!! Congrats, Nizar =)

Kudos to KL High Court for delivering a decent judgment. A piece of judgment which reminds the Executive that check and balance still works in Malaysia. Nizar was ruled as the rightful MB of Perak, and of course, goodbye, Zambry, you are no longer the Barisan's self-claimed MB. Salute you, Judge Datuk Abdul Aziz Abdul Rahim.

However, hopefully the Court of Appeal (or even the Federal Court if the case drags on) won't disappoint the JUSTICE again. It is about the democracy embodied in Perak Constitution and the democratic spirit upheld by our Federal Constitution, so please, don't kid it. Votes of non-confidence from the majority is a part of the democracy too in Parliamentary politics. So listen up, either MB or whatever party, please abide by the rules of the game, and my dear Court, please please please, don't forget your role as the referee. Show red cards if necessary. Don't be afraid of whatever Big Clubs trying to obstruct your ruling. It is all about the GAME, not about the CLUBS. Never lose your focus, please.

Justice must be seen to be done. 

Friday, May 8, 2009

Perak....sigh....

I was totally shunned off by the barbaric practices in DUN Perak. And what I wonder the most is that one of the sides still dared to declare that ALL proceedings in favour of them were valid. The 'previous' Speaker was ousted, while the 'new' speaker was elected and sworn in on the spot. The matter is, the Assembly had not even commenced yet. Oh gosh. They treated the holy Assembly Hall as their playground, didn't they? Any reasonable man driving kancil on road, selling pisang goreng along the street, working under air-con in office, would know that there won't be ANY result, decisions, or so-called 'motions' passed by a group of quarrelling clowns, because those so-called decisions were passed by a non-existent Assembly. Yes, I stress again, there was not even a simple proper meeting better than kids' game.

OK, let them play for as long as they want. The time has arrived. Viktor Hugo once remarked "you can resist an invading army; you can't resist an idea whose time has come." Deep in most Malaysians' heart, they all know what is the truth, because truth explains itself. Res ipsa loquitor!! Even if this disappointing government remains in power in coming years, it is simply because there is no better party. But when an intelligent saint or an enlightened party which shows the genuine policy of One-Malaysia rises, their doom arrives too. 

The most hilarious or perhaps the saddest part of this whole drama is that, a minister even complimented police's 'swift' and 'decisive' acts. Holy Shit!!! You think catching laymen in kopitiam and then 'benevolently' releasing them is very interesting and kinda fun huh??? 

But this surely, I'm sure 100%, won't be the last episode. Hopefully my dear federal court would deliver a 'fair' and reasonably 'accurate' judgment, not to expect it decent. With my full faith on our so-called judiciary, a bench comprising of Richard Malanjum, Gopal Sri Ram, James Foo would be my first-choice bench to settle the dispute over the valid governing party in Perak, and thus settle the state constitutional crisis once and for all. 

Hereby I would like to humbly give advice to you PR too. Beware of your behaviours. People see how you act too. Please act like a gentleman, at least. Don't make people lose confidence in you all too.

God bless Perak.

Sunday, May 3, 2009

A story for you and me..let's treasure our time...

A young man learns what's most important in life from the guy next door. 

It had been some time since Jack had seen the old man. College, girls, career, and life itself got in the way. In fact, Jack moved clear across the country in pursuit of his dreams. There, in the rush of his busy life, Jack had little time to think about the past and often no time to spend with his wife and son. He was working on his future, and nothing could stop him. Over the phone, his mother told him, ''Mr. Belser died last night. The funeral is Wednesday.'' Memories flashed through his mind like an old newsreel as he sat quietly remembering his childhood days. ''Jack, did you hear me?''

''Oh, sorry, Mom. Yes, I heard you. It's been so long since I thought of him. I'm sorry, but I honestly thought he died years ago,'' Jack said. ''Well, he didn't forget you. Every time I saw him he'd ask how you were doing. He'd reminisce about the many days you spent over 'his side of the fence' as he put it,'' Mom told him. ''I loved that old house he lived in,'' Jack said. 

''You know, Jack, after your father died, Mr. Belser stepped in to make sure you had a man's influence in your life,'' she said. ''He's the one who taught me carpentry,'' he said. ''I wouldn't be in this business if it weren't for him. He spent a lot of time teaching me things he thought were important. Mom, I'll be there for the funeral,'' Jack said. 

As busy as he was, he kept his word. Jack caught the next flight to his hometown. Mr. Belser's funeral was small and uneventful. He had no children of his own, and most of his relatives had passed away. 

The night before he had to return home, Jack and his Mom stopped by to see the old house next door one more time. Standing in the doorway, Jack paused for a moment. It was like crossing over into another dimension, a leap through space and time. The house was exactly as he remembered. Every step held memories. Every picture, every piece of furniture.... Jack stopped suddenly.
''What's wrong, Jack?'' his Mom asked.
''The box is gone,'' he said.
''What box?'' Mom asked.
''There was a small gold box that he kept locked on top of his desk. I must have asked him a thousand times what was inside. All he'd ever tell me was 'the thing I value most','' Jack said.
It was gone. Everything about the house was exactly how Jack remembered it, except for the box. He figured someone from the Belser family had taken it.

''Now I'll never know what was so valuable to him,'' Jack said. ''I better get some sleep. I have an early flight home, Mom.''

It had been about two weeks since Mr. Belser died. Returning home from work one day Jack discovered a note in his mailbox. 'Signature required on a package. No one at home. Please stop by the main post office within the next three days,' the note read.

Early the next day Jack retrieved the package. The small box was old and looked like it had been mailed a hundred years ago. The handwriting was difficult to read, but the return address caught his attention. 'Mr. Harold Belser' it read. Jack took the box out to his car and ripped open the package. There inside was the gold box and an envelope.

Jack's hands shook as he read the note inside. 'Upon my death, please forward this box and its contents to Jack Bennett. It's the thing I valued most in my life.' A small key was taped to the letter. His heart racing, as tears filling his eyes, Jack carefully unlocked the box. There inside he found a beautiful gold pocket watch. 


Running his fingers slowly over the finely etched casing, he unlatched the cover.
Inside he found these words engraved:
''Jack, Thanks for your time! - Harold Belser.''
''The thing he valued most was...my time!''
Jack held the watch for a few minutes, then called his office and cleared his appointments for the next two days.

''Why?'' Janet, his assistant asked.
''I need some time to spend with my son,'' he said.
''Oh, by the way, Janet, thanks for your time!''


Life is not measured by the number of breaths we take but by the moments that take our breath away.


Saturday, May 2, 2009

Friends, end of 1st year, coming venture N my HeArt

Just finish my challenging yet terrifying law exams. Oh, gosh... I love law, but why there is such thing called EXAM in this world??? tell me why, tell me why, my All-Mighty up there!!! I barely had a nice sleep these few weeks. But so far so fun, keke. Lucky to have all my mechanical heng tai dilute my anxiety for exam preparation for the last two weeks. (particularly Fee Fee^^)
In short, my recent life: Fun+Study=my study week+exam week 
 
And I really felt shocked for a complaint from my friend+cousemate+good friend today. (really not sure whether I am a good friend in his mind, coz he seemed so fed up with me....) Then I started to ponder over my GooD DeEds for the last whole year. I found that I am really a friend who always drags friends down into the trouble. If I really have someone whom I let down the most this year, I think the person should be him. Sorry, sorry, sorry, sorry, YCS. I promise, I assure you, I vow, I swear...I won't trouble you again. Because the more you help me, the more I feel guilty to you. N I know sometimes you were simply 'unduly influenced' by me to lend me a hand. Anyway, just wana say, thank you, TRUE FRIEND.

Before I say goodbye to 1st year, I wana thank someone. Mrs Pig, thanks for morning call me everytime. And another thank for being my source of motivation. I vowed to you already, if I score well this time, I will dXXX you. A sacred promise from me to you. I call it consideration, since you like contracts law so much. N thanks to contracts too. Because of it, I manage to know you better before our 1st year ends.  Because of contracts, I have a covenant with you. I don't really know whether you take it serious or not, but this round, I tell you, I am serious. My heart has dried up for pretty long time already...whatever achievement that I am able to reach still won't complete my life, my soul and my heart. I need someone to stay inside my heart. Nothing is more meaningful and beautiful on this Earth than having a soulmate who knows who you are, what you want, and makes you feel happy simply because she is just beside you. Your smile, your voice, your any single gesture or movement always make me feel so much warmth inside my withering heart. I need your moisture of LXXX to revive me. 

To whoever I have met for the last whole year, I wana thank you too. You have made my life a better place to live in, either for a learnt lesson or for a fun time with you. And I wish myself a better tomorrow for my upcoming business venture, life adventure and lastly...soulmate. John, keep it up. You can be better, stronger and tougher. Enjoy your life game.

One more thing, I am still keeping my friend's foot as my wallpaper on laptop. I think I am still missing her. Haiz..weird, weird, weird.. I still can't understand myself, obviously, in this kinda thing. 
 
And finally, mum, happy birthday!!! I will be back soon...