Difficulties is a good fortune

Daily Encouragement by Daisaku Ikeda

"Whether we regard difficulties in life as misfortunes or whether we view them as good fortune depends entirely on how much we have forged our inner determination. It all depends on our attitude or inner state of life. With a dauntless spirit, we can lead a cheerful and thoroughly enjoyable life. We can develop a "self" of such fortitude that we can look forward to life's trials and tribulations with a sense of profound elation and joy: "Come on obstacles! I've been expecting you! This is the chance that I've been waiting for!"

Yes, we must face every challenge as a Good Fortune in order to gain a BEST fortune! Thanks god I have lots of good fortunes right now. I know many BEST fortune are coming soon!! Haha. 
*shiock sendiri*
 I want to contribute to humanity with my great achievements and my inner strong determination =)
*cross fingers*

That's Life

One of my favorite posters says, "Life is a test. It is only a test. Had this been a real life you would have been instructed where to go and what to do." Whenever I think of this humorous bit of wisdom, it reminds me to not take my life so seriously.

When you look at life and its many challenges as a test, or series of tests, you begin to see how each issue you face is an opportunity to grow, a chance to roll with the punches. Whether you're being bombarded with problems, responsibilities, even unsurmountable hurdles, when looked at as a test, you always have a chance to succeed, in the sense of rising above that which is challenging you. If, on the other hand, you see each new issue you face as a serious battle that must be won in order to survive, you're probably in for a very rocky journey. The only time you're likely to be happy is when everything else is working out just right. And we all know how often that happens.

As an experiment, see if you can apply this idea to something you are forced to deal with. Perhaps you have a difficult teenager or a demanding boss. See if you can redefine the issue you face from being a "problem" to being a test. Rather than struggling with your issue, see if there is something you can learn from it. Ask yourself, "Why is this issue in my life? What would it mean and what would be involved to rise above it? Could I possibly look at this issue any differently? Can I see it as a test of some kind?"

If you give this strategy a try you may be surprised at your changed response. For example, I used to struggle over a great deal over the issue of my perception of not having enough time. I would rush around trying to get everything done. I blamed my schedule, my family, my circumstances, and anything else I could think of for my plight. Then it dawned on me. If I wanted to be happy, my goal didn't necessarily have to be to organize my life perfectly so that I had more time, but rather to see whether I could get to the point where I felt it was okay that I couldn't get everything done that I felt I must. In other words, my real challenge was to see my struggle as a test. Seeing this issue as a test ultimately helped me to cope with one of my biggest frustrations. I still struggle now and then about my perceived lack of time, but less than I used to. It has become far more acceptable to me to accept things as they are.

Just The Way You Are

Oh her eyes, her eyes
Make the stars look like they're not shining
Her hair, her hair
Falls perfectly without her trying

She's so beautiful
And I tell her every day

Yeah I know, I know
When I compliment her
She wont believe me
And its so, its so
Sad to think she don't see what I see

But every time she asks me do I look okay
I say

When I see your face
There's not a thing that I would change
Cause you're amazing
Just the way you are
And when you smile,
The whole world stops and stares for awhile
Cause girl you're amazing
Just the way you are

Her nails, her nails
I could kiss them all day if she'd let me
Her laugh, her laugh
She hates but I think its so sexy

Oh you know, you know, you know
Id never ask you to change
If perfect is what you're searching for
Then just stay the same

So don't even bother asking
If you look okay
You know I say

When I see your face
There's not a thing that I would change
Cause you're amazing
Just the way you are
And when you smile,
The whole world stops and stares for awhile
Cause girl you're amazing
Just the way you are

The way you are
The way you are
Girl you're amazing
Just the way you are

When I see your face
There's not a thing that I would change
Cause you're amazing
Just the way you are
And when you smile,
The whole world stops and stares for awhile
Cause girl you're amazing
Just the way you are

Different people, Different View

Different People, Different View.
We can't expect everyone to have the unanimous opinion in one thing.
We can't expect everyone have the same face, same character, same talents.
There are Billions of people in this world, how can you expect the same thoughts of everyone? 
Just imagine everyone look like Bill Gates, have the same intelligence as him
That will be eff scary

I strongly believed that every sword have two sides
the good and the bad side.
What we have to do is keep ourselves in the middle line
Try your best to achieve the best in your life!


I need to become better listener

I found my weakness lately. I am eager to talk instead of listen to what my friends are talking about. I cant express myself simple and precisely. The usual thing I did is talk many irrelevant things before going to the main point. I think its time for me to brush up my English and Speaking Skill. I read an interesting article about better listener. There you go :)

I grew up believing I was a good listener. And although I have become a better listener than I was ten years ago, I have to admit I'm still only anadequate listener.

Effective listening is more than simply avoiding the bad habit of interrupting others while they are speaking or finishing their sentences. It's being content to listen to the entire thought of someone rather than waiting impatiently for your chance to respond.

In some ways, the way we fail to listen is symbolic of the way we live. We often treat communication as if it were a race. It's almost like our goal is to have no time gaps between the conclusion of the sentence of the person we are speaking with and the beginning of our own. My wife and I were recently at a cafe having lunch, eavesdropping on the conversations around us. It seemed that no one was really listening to one another; instead they were taking turns not listening to one another. I asked my wife if I still did the same thing. With a smile on her face she said, "Only sometimes."

Slowing down your responses and becoming a better listener aids you in becoming a more peaceful person. It takes pressure away from you. If you think about it, you'll notice that it takes an enormous amount of energy and is very stressful to be sitting at the edge of your seat trying to guess what the person in front of you (or on the telephone) is going to say so that can fire back your response. But as you wait for the people you are communicating with to finish, as you simply listen more intently to what is being said, you'll feel that the pressure you feel is off. You'll immediately feel more relaxed, and so will the people you are talking to. They will feel safe in slowing down their own responses because they won't feel in competition with you for "airtime"! Not only will becoming a better listener make you a more patient person, it will also enhance the quality of your relationships. Everyone loves to talk to someone who truly listens to what they are saying.


Your own moods can be extremely deceptive. They can, and probably do, trick you into believing that your life is far worse than it actually is. When you're in a good mood, life looks great. You have perspective, common sense, and wisdom. In good moods, things don't feel so hard, problems seem less formidable and easier to solve. When you're in a good mood, relationships seem to flow and communication is easy. If you are criticized, you take it in stride.

On the contrary, when you're in a bad mood, life looks unbearably serious and difficult. You have very little perspective. You take things personally and often misinterpret those around you, as you impute malignant motives into their actions.

Here's the catch: People don't realize their moods are always on the run. They think instead that their lives have suddenly become worse in the past day, or even the last hour. So, someone who is in a good mood in the morning might love his wife, his job, and his car. He is probably optimistic about his future and feels grateful about his past. But by late afternoon, if his mood is bad, he claims he hates his job, thinks of his wife as a nuisance, thinks his car is a junker, and believes he's going nowhere in his career. If you ask him about his childhood while he's in a low mood, he'll probably tell you it was extremely difficult. He will probably blame his parents for his current plight.

Such quick and drastic concerns may seem absurd, even funny - but we're all like that. In low moods we lose our perspective and everything seems urgent. We completely forget that when we are in a good mood, everything seems so much better. We experience the identical circumstances - who we are married to, where we work, the car we drive, our potential, our childhood - entirely differently, depending on our mood! When we are low, rather than blaming our mood as would be appropriate, we instead tend to feel that our whole life is wrong. It's almost as if we actually believe that our lives have fallen apart in the past hour or two.

The truth is, life is almost never as bad as it seems when you're in a low mood. Rather than staying stuck in a bad temper, convinced you are seeing life realistically, you can learn to question your judgment. Remind yourself, "Of course I'm feeling defensive [or angry, frustrated, stressed, depressed]; I'm in a bad mood. I always feel negative when I'm low." When you're in an ill mood, learn to pass it off as simply that: an unavoidable human condition that will pass with time, if you leave it alone.

A low mood is not the time to analyze your life. To do so is emotional suicide. If you have a legitimate problem, it will still be there when your state of mind improves. The trick is to be grateful for our good moods and graceful in our low moods - not taking them too seriously. The next time you feel low, for whatever reason, remind yourself, "This too shall pass." It will.

America's Role by Fidel Ramos

Since WWII ended, the US has been the fulcrum of the global – but especially the Asia-Pacific – power balance. Over these last 60 years, Pax Americana (the American peace) has given Asian states the breathing spell to put their houses in order, in the same way that the American market has enabled them to expand their economies at the world’s fastest rate. Hence, we East Asians expect the US to continue asserting its security interests in our home region.

Today’s world has many powers – but only one superpower.

The US is still Number One in both “hard” and “soft” power. China is still a distant Number Two.

Over the foreseeable future, however, East Asians must live with a China driving for great-power status, a resurgent Japan, and a predominant America.

The most crucial relationship

Of these facts of life, the US-China relationship is the most crucial. Their real race may no longer be military and coercive, but economic and intellectual. And the ultimate winner would be the life-system that ordinary people judge the best for them.

How, then, will the US-China relationship resolve itself?

The answer would not be as easy to foretell as older historical rivalries – for instance, that between France and Germany in the middle 1800s; between Britain and Germany beginning in the late 1880s; or between Japan and the “ABCD powers” (the Americans, British, Chinese, and Dutch) in the late 1930s.

In these earlier super-competitions, armed conflict was seemingly the unavoidable outcome. But, in our time – given the awesome power of nuclear weapons and the “connectivity” of globalization – the US-China rivalry needs no longer to resolve itself in shooting conflict.

Consider how the US-USSR ideological confrontation lasted 50 years – but faded away without outright war.

Nowadays, great-power relationships are made up of many complex strands. Not only are there more avenues for mutually beneficial contact – in trade/investment, multilateral diplomacy, and technology exchange. In an increasingly interdependent world, strategic interests often coincide – more than collide – as American/Chinese/Japanese/Russian interests do in the Korean peninsula.

US-China in the rules-based global system

So, when and where will it all end? In truth, China is not just reshaping the global economy. The global economy is also reshaping China.

China is moving toward an economic structure based on universal rule-of-law standards, the efficient allocation of capital, and improved corporate governance.

In short, China’s stake is growing in the rules-based global system that the United States has done the most to promote. Hence, these two contenders have a stake in each other’s prosperity and stability.

The Western powers no longer dominate the global media. Brazilian and South Korean soap opera, Japanese anime, and Chinese and Indian (Bollywood) films now compete with Western cultural exports.

Cultural globalization may now be more widespread than economic connectivity. In poor countries with limited foreign trade, Western “pop” culture borne by mass media is fast spreading, especially among the young, and replacing traditional ways of life.

This is why “cultural nationalism” is a rising clamor among less-rich country leaders. In the Arab World, such wariness of “corrupting foreign (read American/Western) influence” is widespread.

Democracy and authoritarianism

In global politics, the tensions within many countries persist between democracy and authoritarianism – and their future roles.

Democracy has a key advantage in that it can easily grow political stability of the kind authoritarian regimes can never approximate. Free elections and the rule of law make possible tremendous safety valves against political discontent.

On global inequity, despite the eloquence that launched the WTO in 2005, poor countries’ calls for fair trade, equal market access, and dismantling of subsidies/protectionist tariffs remain largely unheeded.

Indeed, Nobel Prize economist Joseph Stiglitz suggests that the demise of the Soviet Union freed the Western powers from the need to contest the allegiance – meaning “hearts and minds” – of the Third World, and exploited post-Cold War exuberance to create a global regime that promoted their self-serving interests. Such self-interests have hurt the poorest countries, instead of insuring more equitable systems based on values and principles.

For East Asia – more than for Western Europe – deep integration that submerges the nation-state is still remote. Over the foreseeable future, an East Asian Economic Grouping – even if it takes off – is unlikely to develop beyond a regional free-trade area, to match similar arrangements in Europe and the Americas.

For the ASEAN nations, the immediate usefulness of EAEG would lie in the framework of rules/procedures that it sets down – and within which not just China, but also Japan, must work – in their regional dealings.

The South China Sea and regional blocs

In recent months, sparring between Beijing and Washington has taken a serious turn – over China’s extravagant claim to large tracts of the South China Sea – which historically is Southeast Asia’s maritime heartland.

For other East Asian states, the imperative is to avoid having to choose between Beijing and Washington. Even US Asian allies increasingly see their problem as balancing in between two huge protagonists, neither of whom they hope to antagonize.

Taiwan, as claimant to one of the largest islands in the Spratlys, has made clear that it wants inclusion in any ASEAN agreement with China on a “Code of Conduct” on the South China Sea.

If US-China rivalries intensify, the Southeast Asian states would probably tighten up their still fragile unity – and rally around the leadership of Indonesia, their largest member-state. Certainly, most ASEAN leaders live with the knowledge that the alternative to regional unity is to become marginalized in global competition.

Japan would likely huddle under its American nuclear umbrella; a united Korea would have to navigate between the two great powers – favoring one first and then the other, as circumstances dictate.

In another 10 years, we may expect regional integration to become the global norm. Given the WTO’s failure to open up, the organization of regional blocs to create economic scale will likely become the major diplomatic activity of the next few years.

Among such regional groupings, EAEG could become the greatest – since it has vigorous growth engines – China and Japan plus upcoming ones like South Korea and Indonesia.

Burden sharing for enduring peace

In the near future, our statesmen would be tasked to replace Pax Americana (American peace) – which, at bottom, is based on US military might – with a Pax Asia-Pacifica (Asia-Pacific peace), which could be the peace of virtual equals.

Pax Asia-Pacifica could enable East Asia’s combination of progressive nations and visionary leaders to plan collectively and strategically for a better future for all.

The Asia-Pacific peace will entail security cooperation for regional peace based not on the balance of power but on the balance of mutual benefit.

Clearly, this concept depends on the understanding that it will compel burden-sharing by all Asia-Pacific nations so that they contribute assets to insure peace, security and sustainable development in our part of the world.

Pax Asia-Pacifica must be built on cooperative undertakings among the most affluent/powerful countries and regional blocs in our part of the world – the US, China, Japan, India, South Korea, Russia, Australia-New Zealand, and ASEAN-10.

Cooperation to prosper more than competition to dominate

Surely, a constructive Chinese role in organizing Pax Asia-Pacifica would demonstrate China’s commitment to becoming the “responsible stakeholder” that Washington has challenged Beijing to become.

China seems to see its own safety in promoting regional integration – in developing an “East Asian identity” – as economic partnering among regional states extends gradually to cultural, political, and security cooperation.

Tokyo, too, must take up a more responsible role. In fact, one of the key challenges for ensuring the Asia-Pacific peace is the maintenance of stable relations between China and Japan. In everyone’s interest, both should stop allowing the historical past to impede a more harmonious and sustainable Asia-Pacific future.

In the past, stability – even a flowering of civilization – resulted from great-power hegemony. But the age of hegemony has passed. Today, no single state – no matter how “super” – can act unilaterally.

In a world more interconnected than it has ever been, nations large and small are virtually equal in the restraints the world community places on their behavior.

Ultimately, relations among the great Asia-Pacific powers will always be an interplay of competition and cooperation.

The strategic imperative will be for all our countries to ensure that the spirit of cooperation to prosper is always stronger than the competitive impulse to dominate.

USD 444 B Investment??

Action Speaks Louder than words. Dont give yourself too high expectation.

KUALA LUMPUR, Oct 25 —Prime Minister Datuk Seri Najib Razak announced today details on US$444 billion (RM1.376 billion) worth of investments the country wants to attract over the next 10 years to double its national income.
A government think-tank said last month it had identified the investments, of which 60 per cent would come from the private sector, 32 per cent from government-linked companies and 8 per cent from the government.
The investment aims to rebalance Asia’s third-most export-driven economy towards domestic demand and the service sector, at a time when foreign investors are increasingly attracted to other regional economies.
Key projects:
• LFoundry from Germany to relocate and invest in five wafer fabrication plants in Kulim Hi-Tech Park in Kedah over the next five years. Initial investment is valued at RM214 million while the total estimated investment is RM1.9 billion.
• Hypermarket chain Mydin will invest in 14 new branches over the next three years valued at RM1 billion, and also assist small sundry shops.
• A 208-room hotel and 160-unit residence, to be managed by St Regis, an international six-star hospitality brand, will be built on a 2.2-acre site in KL Sentral. This RM1.2 billion investment will have a total development area of 1.4 million square feet.
• oilfield services firm Schlumberger recently opened its Eastern Hemisphere Global Financial Services Hub in Malaysia. This is part of the Greater KL/Klang Valley Entry Point Project to attract 100 new multinational corporations to relocate their operations in Kuala Lumpur by 2020.
• Malaysia Airports Holdings Berhad has awarded a 25-year concession to WCT to build and operate an integrated complex at the KL International Airport. The RM486 million complex will comprise a transportation hub for taxis and buses, one block of retail mall and car parks.
• Abu Dhabi government investment vehicle Mubadala and state-owned development company 1MDB will develop the RM26 billion KL International Financial District.
• Premium Renewable Energy will build five bio-oil plants over the next five years. The first plant costing RM124 million will be located in Lahad Datu, Sabah.
• Asia e-University has been appointed by the Ministry of Higher Education as the gateway university, for the development of online and distance learning. The initiative is expected to produce a gross national income of RM100 million.
• Johor Premium Outlets will be located in Genting Indahpura, Johor, a mixed development township which will feature, among others; a hotel, international water theme park and retail outlets. This will attract more tourists to visit Johor, especially from Singapore. The construction and investment cost undertaken by Genting is RM150 million. — Reuters

Guideline for the Courtroom Behavior

1. Be on time for your hearing or trial.  Allow extra time to find parking.  You will not be able to leave the courthouse to feed the meter. Sometimes hearings can take longer than expected, so plan for extra time on your meter.

2. Dress neatly.

3. No food or drinks are allowed in the courtroom.

4. It is not advisable to bring your children.  Ask someone to watch them for you.

5. Report to the courtroom you are assigned to.

6. Review your paperwork before the hearing or trial.  Be familiar with your papers.  You may use written notes or an outline during the trial.  Stick to the facts.  Do not ramble when offering evidence to support your side of the story.

7. Have your exhibits labeled, copied and organized.  Remember, you will need at least two photo copies of any document or picture you plan to give to the judge.

8. When the judge asks you to speak, stand up and face the judge.

9. The hearing or trial will proceed as follows:

a. The judge will ask you and the other person to make an opening statement.  This should be a brief statement that tells the judge what you are asking for.  You can refer to your proposed order of child support, parenting plan and trial or hearing brief.  The plaintiff or moving party speaks first, then the defendant or non-moving party.

b. After opening statements, the plaintiff or moving party calls his or her witnesses to testify.  After each witness has testified, the defendant or non-moving party may ask questions of the witness (cross examination).  The plaintiff or moving party may ask questions on redirect.  The defendant or non-moving party then puts on his or her witnesses and the process is repeated.  There are very specific rules of evidence which apply.

10. When the judge asks you questions, be direct.  If you don't know an answer say so.  Do not be afraid to admit that you do not know something.

11. Take your time when answering questions.  Give the answer as much thought as you need to understand it and formulate your answer.  You may be ordered to explain your answer.

12. Be respectful and courteous with the court.  Always address the judge as "Your Honor".  Do not interrupt.  If something needs to be clarified, wait until it is your turn to speak or ask to speak again.

13. Be sincere.  Do not be sarcastic or argue with the court or the other person.  Stay calm. Maintain your composure, even if the person testifying is hurting your feelings or lying. Do not huff, roll your eyes or throw your pencil.

14. If you are stating dates, times and places, etc. be exact.  If you cannot be exact, make it understood that you are only estimating.

15. Speak clearly and distinctly, using words, phrases and terminology that you understand.  Keep your hands away from your mouth and speak loudly enough so the judge can easily hear you. Proceedings in Alaska are recorded, so it is important that you speak loudly and clearly enough for the recording equipment.

16. Remain courteous to the judge after the ruling.  Ask the judge who will write up the order.  The judge must sign the order before it becomes effective.  Make sure you understand what is going to happen next before you leave the courtrrom.

17. You may bring a friend for moral support.  That person must remain silent.

18. Avoid laughing or talking about the case in the hallway or restrooms of the courthouse in such a way that people, lawyers or witnesses invovled in the case may see you or hear you.

19. These are the rules that apply to attorneys and you must follow them as well.

20. BE SURE the court has your current mailing address and phone number. If safety is a concern, you can ask for the information to be made confidential.


iPhone Application

After using iPhone for some times

I have an idea to create an apps.

An apps about law review/famous cases in Contract Law, Law of Tort, Criminal Law etc.

It is because I can't find any apps in this area.

Do you think it is a good idea?








































Internal Aid and External Aid in Statute

There are several ways to assist judges in interpreting statutes there exist various aids that they may refer to. Aids to statutory interpretation are divided into internal aids and external aids. These are sometimes referred to as intrinsic aids and extrinsic aids to interpretation.
Internal aids are parts of the statute itself. They may be used as aids in interpretation. There are short titles, long title, preamble, marginal notes, headings, punctuation and other judicial decision fall under this category.
It became established in the nineteenth century that the long title could be considered as an aid to interpretation. The long title should be read as part of the context, "as the plainest of all the guides to the general objectives of a statute"
Long Title of an act is basically found at the beginning.  In Fisher v Raven, the long title is an act of abolition of imprisonment for debt for punishment of fraudulent debt while the Short title will be the Debtor Act 1869.

When there is a preamble it is generally in its recitals that the mischief to be remedied and the scope of the Act are described. It is therefore clearly permissible to have recourse to it as an aid to construing the enacting provisions. It is to figure the purpose of the legislation. For instance, in AF v Prince Ernest Augustus, it is permissible for judge to get help from preamble as aid to interpretation.

The Marginal Notes in Malaysia unlike in England is part and parcel of a statute. This is expressed in Cashin v Murray which has been reaffirm in Lim Phin Khian v Kho Su Ming, the judge refer to the marginal note which states that section is a saving provision. The marginal swords are usually printed out at the side of section in an Act to act as summarize effect.

The Headings may be considered as part of the context. It is prefixed to sections and mainly explains what the section about. The Punctuation is very important although it has only comma or tiny symbol. In IRC v Hinchy. The modern act’s punctuation can be looked and not regard to older Acts.

The external Aids to interpretation including historical settings.
A judge may consider the historical setting of the provision that is being interpreted.
Dictionaries are commonly consulted as a guide to the meaning of statutory words. Textbooks may also be consulted.The practice followed in the past may be a guide to interpretation. For example, the practice of eminent conveyancers where the technical meaning of a word or phrase used in conveyancing is in issue.

The official reports such as Hansard is a kind of material may be considered as evidence of the pre-existing state of the law and the "mischief" with which the legislation was intended to deal. However, it has been held that the recommendations contained therein may not be regarded as evidence of Parliamentary intention as Parliament may not have accepted the recommendations and acted upon them. Hansard in Malaysia is a report of parliamentary proceeding when legislation ambiguous leads to adsurdity. The treaties that signed by Malaysia government might be useful to refer to. It was held by the House of Lords in Davis v Johnson (1979) that a court may not refer to Parliamentary materials for any purpose whatsoever connected with the interpretation of statutes. The prohibition covered such materials as reports of debates in the House and in committee, and the explanatory memoranda attached to Bills. Then in Pepper (Inspector of Taxes) v Hart [1993] AC 593, the House of Lords significantly relaxed the general prohibition.

Statutory Interpretation

The task of judges is mainly to interpret statutory provisions and give effect to the intention of the statute and essence of law. Section 17A of the Interpretation Acts states that in the interpretation of a provision of an Act, a construction that would promote the purpose or object underlying the Act shall be preferred to a construction that would not promote that purpose or object. Professor John Wills in “Nutshell” stated that statutory interpretation should be applied to make people and court satisfy justice. The reasons to interpret statute are mainly due to various meanings in one English word, language used is different in accordance to the changes in society and technical problems in statute.

Literal Rule in statutory interpretation is merely use the ordinary word of English language. The court will take strict view according to actual words in statute that understand by ordinary and natural sense. Sussex defined literal rule as the word best explain the intention of the lawgiver. However, the defects of the literal rule can be seen in PP v Chin Kim Foo, copyright in certain sound recordings were first published in Malaysia on 14 July 1988 and 18 July 1988. Infringement of such copyright occurred on 19 September 1988. It was the defendant’s contention that copyright only subsisted from 1 January 1989 that is the beginning of the calendar year following the year in which the sound recordings were first published. The absurdity in being literal in the case is apparent. The same absurdity illustrate in Fisher v Bell that the shopkeeper was charged under Offensive Weapons Act 1959 because they portrayed flick knives in front of the shop. The court held that the shop is not guilty because this is a unilateral offer-invitation to treat instead of offer to sell in the context of Contract Law. However in R v Judge of the City of London, Lord Esher held that no matter how ambiguous the result may be, he would still use literal rule. In Grey v Pearson held that the word used is given by literal meaning. Salmond stated that literal interpretation should be accepted and applied as a general rule but must be very careful to prevent ambiguity, absurdity and inconsistency.

The golden rule is a modification of literal approach. Lord Brougham stated that the construction of an Act must be taken from the bare word of it. We cannot fish out what possibly may have been the intention of the legislation. In Grey v Pearson, the court held that the grammatical and ordinary sense of the words may be modified to avoid absurdity. In Mattison v Hart, the words used ordinary meaning unless absurdity. The words must be modifying to avoid absurdity, the second meaning can be added to suit the circumstances and literal rule still contribute an important role. In Malaysia case Kesultanan Pahang v Sathask Realty, a question raise whether the Sultan of Pahang had the power to lease Sultanate land to a corporate body. The word “person” is limited to mean natural person or can include artificial person(eg corporation). The Federal court overturned the judgement and held that Section 6(1) of the Sultanate Land Enactment 1919 person can include natural person and artificial person. The disadvantage of the golden rule is that parliament expresses its full meaning and no need to imply any additional meaning to the legislation.
Mischief Rule is basically expresses the intention of the Act of Parliament. The parliament will refer to common law before the Act was pass. The Heydon’s case clearly illustrate the court will look at the intention of parliament to pass the act. The judge will interpret the statute based on the aim of Parliament. In Gorris v Scott, a newly enacted statute stated that the animal carried on board ship should kept in pens. However, the defendant had failed to enclose the plaintiff’s sheep in pens, washed overboard during the storm. The court rejected the plaintiff’s claim for breach of statutory duty because the Act was passed to prevent the infection from spreading one animal to another. In Hong Leong Equipment v Liew Food Chuan, the interpretation of section 30(3) of the Industrial Relations Act 1967 confers upon the Minister of Labour the discretion whether or not to refer an industrial dispute to the Industrial Court. The main judges Gopal Sri Ram allow the judicial review because the Minister made a decision in a legal sense. The judge had examined the position at common law and the legislative history of the Act approached taken by the Heydon’s case. However the disadvantage of Mischief rule is Parliament not foresee the problem in the future and do not provide a solution as well.

The purposive approach is origins in the mischief rule. This requires judges to seek and promote, the purpose of the legislation to be pass. This purposive approach is influenced by the civil law systems in Continental Europe. Lord Diplock in the Fothergil case stated that this approach could resolve any doubts on the written laws. In Pepper v Hart, Lord Griffiths stated the court adopt strict view using literal mean before. In the recent society the court will use purposive approach to seek the true purpose of legislation by using Hansard. In Syed Mubarak Syed Ahmad v Majlis Peguam Malaysia, the question arises whether an advocate and solicitor may simultaneously practise another profession. The appelland was a practicing public accountant and he apply to bar council for an certificate to practice law but was rejected on the ground that he was disqualified under section 30(1) Legal Profession Act 1967 to practice two profession at the same time. The purpose of the Legal Profession Act is to regulate legal profession and maintain high standards in the profession. The people who choose to be advocates and solicitors must exclusively practice as such and not practice more than one profession.

Tips to answer Contract Law

Magic is a popular and boisterous pop group made up of 12 musicians. In February, 2008 it embarked upon a European tour of 25 different cities. Magic contracted with N Productions Ltd, a small and unknown promoter, to stage its London concert. N guaranteed payment to Magic of RM2,000,000/- or 85% of the profit of ticket sales, whichever was greater. N provided Magic with an advance of RM 500,000/-. While in Warsaw, Magic’s lead singer was photographed back stage consuming illegal drugs. The effect of the drugs was to impair his singing performance so badly that he was booed off the stage by the audience, many of whom demanded the return of their money. Due to adverse publicity ticket sales in London were extremely poor. In addition one of the Magic musicians was so depressed that he took his own life shortly before the date of the London concert. The concert was never held. N was forced to refund the money on those tickets sold. Magic claim that it has incurred substantial expenses in travelling to London and preparing for the concert. Magic have taken insurance, to cover loss arising from the cancellation of any concerts. N is very busy handling other concert promotions which arose due to its increased reputation in the rock music world as a result of its contract with Magic. However, N is concerned about the sum it paid Magic and wish to recover the money and to withhold the balance of RM1,5000,000/-. Advise N.
This question is mainly about Frustration of a contract.
This is a bilateral offer by N Productions Ltd. as illustrated in Charles Grenier v Lau Wing Hong. Section 2(a) of Contract sAct 1950 stated when one person signifies to another willingness to do or to abstain from doing anything, he said to make a proposal. In this case, N guaranteed payment to Magic of RM 2000000 or 85% of the profit of ticket sales, whichever was greater to perform in European tour concert.
Magic accepts the offer by receiveing the RM 500000 in advance as deposit. It is illustrated in section 2(b) Contracst Act 1950. When a proposal is accepted, it becomes a promise. The exemplary case is Broadgen v Metropolitan Railway Co. A contract is complete when offer and acceptance took place.
The main issue is about the doctrine of frustration of contract.  The general rule is that if parties undertake to perform a contract they are bound to it. If a subsequent event makes it impossible for a party to perform then he will in breach of contract. Section 57(2) of Contracts Act 1950 defined the frustration is void if promisor could not prevent. Magic’s singer sudden death is considered as an event that could not prevent before the London concert.  The court is very strict in many years ago, the doctrine of frustration is not applicable in that time as illustrated in Paradine v Jane, the war broke out could not stop paying the rental fees. However, in Taylor v Caldwell, the concert hall is destroyed by fire due to neither party’s fault. It is discharged from further performance by frustration. The unexpected event took place by the Magic’s singer is due to neither party fault.
In Davis test in UK, Lord Radcliffe had stated a few points to determine the doctrine of frustration. The elements of frustration consist of unexpected event occur, the event caused a fundamental change to the nature of contractual rights and obligations, neither party will responsible for the event, the event should be such that it was not contemplated by the parties when entering into the contract and unjust to hold the parties to the original position of a contract.  Contracts Act 1950 including the Davis test. The court will see whether the parties have provided for the situation that has arisen, and compare the new situation with the old if no new situation, it must be positively unjust to hold the parties bound. The element of frustration provided in the National Carriers v Panalpina case is that there occurs and unexpected event and cause a fundamental change. Neither party is responsible for the event and it must be unjust to hold the parties to the original contract agreed upon. In both Warsaw and London concert the event is unexpected and caused a radical change.
In the Warsaw case, the singing performance was impaired due to the consuming of illegal drugs by the singers at back stage. The Magic musicians passed away before the London concert is unexpected event. This is neither fault of the party. The burden of frustration falls on N production according to section 66 of Contract Act 1950, it is essential to recover the original position for the innocent party who has suffered loss, thus the refund to the audience is needed unless any exclusion clause is provided before the audience brought the tickets.
The effect of frustration does not render a contract void ab initio in Malaysia law. Consequently obligations accruing before the frustration of the contract remain enforceable. Section 15(2) of Civil Law Act (CLA) 1956 stated that the money payable before the frustrating event is recoverable. In National Land Finance Co-operative Society Ltd v Sharidal Sdn Bhd, the court had relied upon section 15(2) of the Civil Law Act to recover the deposit of the plaintiff due to the frustration event. Therefore N is needed to refund money to the audience in London concert
In conclusion, N is liable to refund money to the audience in London and not responsible to Magic incurred in traveling to London due to his insurance claimed from the company. 


53 years ago, Tunku Abdul Rahman recited in the Merdeka Proclamation, among other things, that this nation "shall forever be a sovereign democratic and independent State founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations."

Liberty, justice, welfare, happiness, peace. These are the ideals upon which this country was supposed to be grown and nurtured into greatness. Somewhere along the way, we as a country - leaders and followers alike - have made bad decisions for different reasons: fear, ignorance, apathy, greed, corruption. Those decisions have led us astray from the Proclamation's ideals, and we have strayed far.

Economic and educational disparities, race-based politics and political parties, a questionable judiciary, suppression of individual freedoms, legitimized racism - these are a few of the myriad of problems which we face today, some of them which have only been aggravated over time. We have strayed far. What was supposed to be a splendid garden of diversity, harmony and growth is now a wild, gloomy maze, and we as a nation are walking in circles; we are hopelessly lost in the dark.

52 years later, we have strayed far from the country's ideals and I ask, where are we going?

"Somewhere else lah, hahaha."

A lot of people I know would readily respond with that. I admit that I was probably once one of those people. Growing up in an environment that was segregated and a system that was bitter and reeking with the stench of injustice, I was often quick to pounce on Malaysian idealists because I thought this country was a lost cause, and that we were better off exerting our efforts elsewhere, hopefully another place where it would be more acknowledged and more appropriately rewarded.

The truth is, there probably is, but the in the light of recent events and experiences, I've come to realize that there is no other country that I could as readily and easily call home. I don't think I would go as far as to urge all Malaysians to return to this country, an issue which is highly relevant to people of my age group. I believe globalization has enabled Malaysians to continue contributing to this country despite not residing or working here.

But home is more than where you are. It's not just a bunch of coordinates on the map, it's where you belong. I think I would always feel more like a stranger somewhere else; there is no warmer welcome than the one I feel here. I think of the moments I had during my days in the public schools; I remember playing guitar at the back of the class, singing songs with Malay, Chinese and Indian classmates alike. I think of the conversations I've had when I've been the odd one out, racially, and yet how we were all able to share common, colour-blind ambitions for the country.

I think of all these things, and I realise that we don't have to be idealists, intellectuals or activists to appreciate such moments. And we most certainly don't need ambigious slogans like 1Malaysia. Because we've all had these kind of moments at one point or another in our life here in Malaysia.

These experiences serve to remind us that we as a people are greater than how Malaysian society is painted in mainstream (and sometimes, alternative) media: fractured, intolerant and in conflict. If we can rise as a people above those man-made misconceptions, then we are a few steps closer towards a better Malaysia.

Tunku Abdul Rahman has laid down ideals which make for a sound foundation for our country and we should keep striving for those ideals. I believe that the more youthful generation of today are increasingly aware of national issues, following up on that awareness and more importantly, they believe in these ideals and act upon their beliefs. I have met very inspiring and passionate young Malaysians who are interested in change and some who have started to create change; I have met even more people who see themselves as Malaysians above anything else, Malay, Chinese or Indian.

And I know that one day these individuals will get older, become the greater part of society and its leadership, and knowing that gives me a realistic measure of hope. It is not another blind brand of idealism. I am convinced to think that this could all just work, with endurance, patience and untiring effort.

I love Malaysia, not for what it is. I love Malaysia for what I know is good in it, and what is even greater that can come from it - a splendid garden that blooms beautifully, a beacon of liberty, justice, welfare, happiness and peace. We have strayed too far for too long, now let's make our way through this maze. This Merdeka Day, I urge my dear readers: let's all find our way back to those ideals.

By, Z.Wei Lee

Cultural Heritage

Malaysia is a cultural “melting pot” formed by Malay, Chinese, Indian and other Indigenous people. We are a unique country that is known for the richness of cultural heritage. People are respecting each other’s culture and religion. Malays are the major population in Malaysia. Nevertheless, Article 8 of the Malaysia Constitution promotes equality among all citizens in Malaysia.

I am a typical Chinese in Malaysia. However, the mixture of different cultures had produced a unique Chinese cultural heritage in Malaysia. Playing GuZheng-a Chinese musical instrument is one of my favourite pastime interests. Playing GuZheng and listening to the soothing melodies calm my mind. I still remember vividly in my secondary school, every class is compulsory to participate in the Patriotic Competition in conjunction with the National Day. Our class came out a creative idea by mixing different cultural elements. We formed a choir team to sing Patriotic song; Malay friends are dancing while Indian friends are singing. As a Chinese, I played my GuZheng with Malay Patriotic Song. Our class won the champion in the competition! After that competition, many Malay students are interested to learn GuZheng.

In addition, practice Calligraphy is part of my interest too! It is not only a practical technique for writing Chinese characters, but also a unique Oriental art of expression. Calligraphy is rich in its content consisting the evolution of writing styles, development and rules of technique, history of calligraphy, calligraphers and their inheritance in art. Learning calligraphy is an important part of my cultural heritage. This culture is originated from China. It has subsequently spread to Korea, Japan, Vietnam and Malaysia and Singapore. It is a gem in the world’s art treasury too. I enjoy myself in the Calligraphy class together with Malays and Indians. The cultural sharing experience is worth remembering.

In this era of globalization, we need to know that the world beyond borders are coming so fast that we cannot afford to narrow our mind to what is going on just within the community. We need to explore every culture and take initiatives to celebrate diversity. I learn how to adapt and accept culture shock during my student exchange programme. That is the essence of peace. All of us can be ambassadors for world peace in our daily lives.

Last but not least, I would like to share with you my favourite quote from Daisaku Ikeda, a peace activist and President of Soka Gakkai International- A great inner revolution in just a single individual will help achieve a change in the destiny of an entire society and further, will cause a change in the destiny of humankind. I hope the JUST Inter-civilizational Youth Engagement Programme will effectively promoting cultures and education among youths in the society.

The art of Calligraphy
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